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LOWER-CANADA

W A T C H M A Wt

Pro Patria.

BCnsstow, 2a. <^.

1829,

'«>\

• * <

• •» • ••

' «• • •

James Macfarlane, Printer.

DEDICATED,

Without^ither solicitation or permission,

©reorse, feati of Z^aljouisfe,

IiATE GOVERNOR-IN-CHIEP
OF

BRITISH NORTH AMERICA,

NOW

Commander of the Forces

IN

INDIA;

AS A MARK OF THE AUTHOfe'S^^^PRCT FOR

STERN UNYIELDING PATP.,I0TISM, STRICT

FIDELITY TO PUBLICK TRUST, AND THE

GENUINE GENEROSITY OF A BJIAVE

SOLDIER.

PREFACE.

The original publisher of the following pa-
pers iu the Kingston Chronicle, having
expressed a wish to collect and republish
them in a small volume, I willingly embrace
this opportunity to testify the readiness with
which I comply with the request of a gentle-
ian whoki I greatly esteem ; but who seems
0 me to possess more ardour for the publick
*veal than care for private emolument. I
cannot help adding, that an individual of
such public spirit deserves well of his coun-
try. At a time when every other Press was
mute : at a time when the natural timidity of
Office shrunk from the scowl of Authority ;
and when the genius of Cowardice reigned
triumphant over that Press, this man alone
had the intrepidity to brave popular ven-
geance and publick obloquy. He was not,
and could not, be gagged. He knew that, as
a man entrusted with the superintendance of
a periodical Press, he was responsible to his
country and posterity for a faithful discharge
of his duties. Having performed these du-
ties, he is ready to answer for them.

I have but little to add for myself. The
task v/hich I have undertaken was in defence
of the liberties of my country, and ia support
1*

VI

of that Constitution which is a counterpart of
the noblest production of the mind of man.
How I have performed this task is not for
me to determine. But I assure all Canada,
that there is not an individual within, her
bounds who is more ardently attached to her
interests, or more zealously devoted to her
rights and liberties. I have no motive for
being oiherwise disposed. I have broke in
upon private engagements, and disturbed the
repose and even tenor of domestick life for
the sake of ray Country. To the best of my
abilities, I have warned that country of its
danger ; and it only remains for me to pray
for its welfare.

I admit that, in doing so, 1 have made use
of strong language on various occasions, and
towards several individuals. But how is in-
solence to be checked, and public crimes pu-
nished, but through the medium of persons ?
Like the assassin and the highway robber,
they are themselves alone to blame who have
become obnoxious to publick censure. If/
have assumed to myself the scales or the
sword of justice, it is beeause ray country has
called me to an ofiice as yet unoccupied by
an abler man. Therefore, the sentences
which I have given, are not the decisions of
a frenzied imagination, nor of an arbitrary
and vindictive heart; but the plain dictates
of reason, and the imperative voice of
the law. I am, or, at least, ought not to be,
no more obnoxious to odium or personal
malignity, than theermined Judge who pro-
nounces doom oil the most abandoned male-

vn

- ^qtor. I ba~e not gone in search of vic-
tims to offended justice. Tliey have volun-
tarily, presented themselves before me at the
bauofpablick responsibility.

I am not a stranger to the cant which has
of late become so fashionable with respect to
^strong language; but nothing, be it ever so
" popular, will ever drive me out of my course,
if it interfere with the principles of true honor
^ or the salvation of my country. 1 have ac-
cordingly used the language which T conceiv-
ed most applicable to the nature of the work;
and I feel no conipunctioa for having done so.

Should the Criticks deign to notice this
humble production, I beg leave candidly to
inform them, that though I respect their
ingenuity, I entertain hut little dread of their
ill nature. I have declared tow^ards the con-
clusion of th^ volume, that I wrote neither for
fame nor pi'oftt. 1 therefore hold myself a-
menable to no tribunal whatever, save the
judgment-seat of patriotism and true love of
British liberty and justice. This is the only
tribunal that I shall ever respect as a public
writer ; and to none else shall I ever bow with
submission.

Upon the whole, I am not without my
hopes but this work will produce some good
effects, even in a country where there is but
little public opinion, and where the influence
of the press itself is but feeble and instable.
I shall therefore conclude in the words of
Junius : — " When Kings and Ministers are
forgotten, when the force and direction of

personal satire is no longer underslood, and

J**

VIII

when measures are only felt in their remotest
couscqnoncos, this book will, I believe, be
Ibuud to coutaiQ principles worthy to b^
trausmitted to posterity."

T. L. C. W.
1st Juae, 1829.

THE LOWER CANADA WATCHMAN.

No. I.

However slightly the circumstances attending
the dissolution of the late Provincial Parlia-
ment may have been viewed, and whatever
degree oliniportance may have been attached
to the cause of that dissolution, and the unpa-
ralleled situation of this Province in general, it
Avas impossible to look forward to the meet-
ing of a new Parliament otherwise than with
expectations of the deepest and most fervent
interest. lu truth, the history of this Pro-
vince, fertile as it has been of incidents calcu-
lated to rouse the feelings and excite the pre-
judices of a mixed and unharmonizing popu-
lation, never presented a period which can be
compared to the present, either as to the raag-
uitude of the prize at stake, or the dangers
which beset either its attainment or final a-
bandonraent. It was, therefore, with feelings
of no ordinary satisfaction that we beheld e-
veu the most iudiirereutto public affairs look-
ing forth with an eye of eager anxiety to the
twentieth of November, the day appointed by
his Excellency the Governor in Chief for
meeting the Provincial Parliament. If the
result has unhappily been found to disap-
point the real friends of the Country, there
still remains behind the pleasing consolation,
that, in a government like ours, the native
inherent powers of the constitution are suffi-
ciently sound and healthful to withstand
whatever attacks may be made upou them

iO

either from foreign force or internal corrup-
tion.

The style and form of opening our Provin-
cial Parliaments must be familiar to every
one; but as it is our intention to preserve
some record of the one which has just been
congregated, and to make such remarks
now and hereafter as its proceedings may
justify, and the situation of the country may
require, we shall give a concise but correct
detail of the proceedings attending the open-
ing of the first, and we fear the last, session
of the Thirteenth Provincial Parliament of
Lower Canada.

The 23th of Nov. being the day appointed
for this purpose, the Governor in Chief went
down in state to the Legislative Council
Chamber, and being seated on the Throne,
the gentleman Usher of the Black Rod was
ordered tc desire the attendance of the house
of Assembly ; and that house being come up,
the honorable Speaker of the Legislative
Council informed them, that he was com-
manded by bis Excellency to say, that he did
not think it fit to declare the cause of sum-
moning this Provincial Parliament until there
should be a Speaker of the house of Assem-
bly ; and that it was, therefore, his Excel-
lency's pleasure, that they should repair to
the place where their sittings were usually
held, and there make choice of a fit person to
be their Speaker, and to present the person
who should be so chosen to his Excellency
in that house, the next day at 2 o'clock, for
his approbation. At the time appointed,

IJ.

his Excellency again went down to the
Legislative Council Chamber, and being
seated on the Throne, and the Menabers of
the Assembly being in attendance below the
Bar, Louis Joseph Papineau, Speaker elect,
announced that the choice of the Assembly
had fallen upon him. The usual terms of
this annunciation we believe to be as fol-
lows :

" May it please your Excellency,

"In obedience to your Excellency's com*
mands, the house of Assembly of the Province
of Lower Canada, have proceeded to the
election of a Speaker, and I am the person
upon whom has fallen the honour of their
choice.

" The extent and importance of the du-
ties attached to that exalted station being
far above my powers, and my zeal, however
ardent, not sufficiently compensating for my
incapacity, / most respectfully implore the ex-
cuse and commands of your Excellency.''^

On Mr. Papiueau's pronouncing this ha-
rangue, the hon. Speaker of the Legislative
Council answered as follows :
Mr. Papineau, and gentlemen of the Assemhly,

*' I ana commanded by his Excellency the
Governor in Chief to inform you that his Ex-
cellency doth not approve the choice which
the Assembly have made of a Speaker, and
in his Majesty's name his Excellency doth
accordingly now disallow and discharge the
said choice.

"And it is his Excellency's pleasure that
you gentlemen of the Assembly do forthwith

12

again repair to the place where the sittings
of the Assembly are usually held, and there
make choice of another person to be your
Speaker — and that you present the person
who shall be so chosen to his Excellency in
this House on Friday next at 2 o'clock for
his approbation.

"And I ana further directed by his Excel-
lency to inform you, that as soon as a Spea-
ker of the Assembly has been chosen with the
approbation of the Crown, his Excellency
will lay before the Provincial Parliament
certain communications upon the present
state of this Province, which by his Majes-
ty's express command he has been directed
to make known to them."

Though this is the first instance in this
Province, and, with the exception of one in
Nova Scotia in 1 806,* the first in British Amer-
ica, as at present constituted, of the exercise
of this particular prerogative of the Crown ;
yet, neither the Country, nor the house of
Assembly, nor Mr. Papineau himself, beheld
such an event either unanticipated or with
surprise. It is true that, with reference to
the long subsisting and daily increasing Legis-
lative difficulties of this Province — the pub-
lic misery and domestic heartburnings in
which it has for years been involved— the
necessity which has now become absolute of
adopting some effectual plan for preserving
the integrity of the Province — and the gene-
ral hope entertained that the deliberations of

* See Appendix No. L

13

the new Assembly would lead to some-
final adjustmeot of our present most unnatu-
ral and destructive dilemma, induced many
well-disposed persons to think, that with
wdiateverjusiice the prerogative of negative
upon the Speaker of the house of Assembly
might be exercised in referrence to Mr. Pa-
pineau, in the event of his being elected, the
rudeness of the man himself, and the vain
and insolent folly of bis friends in the Asseni-
bly, might once more be passed over in si-
lence as the eJServescence of over-acted party
zeal, in order to come as speedily as possible
to some point of adjustment of our protrac-
ted difficulties. But there are others, and
we candidly confess ourselves to be one of
the number, who, witnessing with disgust
and abliorrence that tissue of loathsome
defamation, vulgar abuse, mean insolence,
daring libel, seditious menace, and black-
guard scurrility, with which the Government
of this Province, and especially the distin-
guished individual who represents his Majes-
ty iti it, have been incessantly assailed for
some time back, by a party and a set of low
unprincipled scribblers, of whom Mr. Papi-
neau has become the head leader, and organ,
came, without hesitation to the conclusion,
that, not only would the dignity of Majesty
itself be compromised, but the very source of
honour sullied, and of justice corrupted, if
one of those legal checks, so wisely prescri-
bed by the constitution, were not at the pro-
per time put in force against an individual
w^hen exalted to a situation whicb brought

14

him in immediate contact with the objects of
his abuse and slander. It was, therefore,
with the most unfeigned and heart-cheering
satisfaction that this respectable and stable
majority of all that is sound and healthful iu
the political constitution of the country, be-
held the exercise of a prerogative which,
however much it may be despised, contem-
ned and rejected by those whose ambition it
curbs, or whose insolence it destroys, is one
of the most sacred and unimpaired of all the
rights and privileges entrusted by tht Consti-
tution to the King's prudeoce and discretion.
The tha.iks of the country are due to his Excel- ,
lency for the manly and decisive manner in
which he exercised the prerogative in question,
and for that calm tone of dignity and self-pos-
session with which he placed himself betAveen
theCrown and one of the most bloated and
destructive inroads upon government and the
constitution that ever was devised in a British
Colony. We have no doubt but the appro-
bation of the Imperial Government and of
the Mother Country at large, by whom the
rights of King and people are better under-
stood and more liberally interpreted than by
a certain class of persons in this Province,
waits so honest and faithful a public servant.
As to the Speaker elect, it is very evident,
that, however much he may have endeavour-
ed on this trying occasion to quell the tu-
multuous emotions which arose in his soul,
and to conceal from himself the despicable
and degrading figure which he cut in the eye
of his countrvj hs felt the full force of his

15

fallen condition. The scene was indeed a
most humbling one ; and such as no man of
honor, virtue, or true patriotism, would ever
wish to be placed in. But perhaps we do
Bot say too much when we assert, that it was
an element congenial to the sentiments and
disposition of Mr. Papineau. This much is
certain, if we may judge from his past con-
duct, in which we have never been able to
discover any thing borderiog on what is
either great or dignified, that the more he
embroils himself with the constituted autho-
rities of the country, and the deeper he in-
volves himself in the vain and fruitless at-
tempt to elevate himself by the degradation
of his betters, the morehis self-complaceocy
gets the better of his judgment, and the lower
he sinks in the opinion of those who can
forma proper estimate of the dignity of hu-
man nature. There he stood, however,
under the contemptuous but well-meritted
ban of his Sovereign, a scathed and misera-
ble monument of indiscretions and follies, if
not of political crimes which, for the honour of
our country and mankind, we would fain con-
ceal, but which, for the sake of truth and
justice, it is our duty and intention to make
as public as the rising and setting of the sun.
For the present, however, we shall content
ourselves with the enumeration of such of
them as we conceive to have been a well-
grounded reason for denymg to him the ap-
probation of his Majesty as Speaker of the
house of Assembly during the present Parlia-
ment.

16

We shall say nothing of Mr. Papineau'a
anti-British prejudices — of his natural and a-
vowed antipathy to British customs, manners,,
language, laws and government ; neither
shall we trace him into those dark and retired
circles where bis influence is most felt, and
bis fiat more readily obeyed. His public
acts are sufficient for our present purpose.
Is there then any man in the country who
does not know, that Mr. Papineau, inherit-
ing from a long line of ancestry, which he
himself and his ready scribes and flattering
satellites throughout the country describe
as haviag been noble, but which no indi-
vidual living can trace beyond the limits of
Dr. Johnson's forefathers, which, notwith-
standing all his learning, he admitted he
could not do beyond his grandfather, all
the prejudices and antipathies natural to so
obscure au origin, has many years since for-
med and put himself at the head of a party
whose sole object it is to create such a dis-
tinctiou between his Majesty's old and new
subjects in this Province, as will pave the
way, if not to their ultimate separation, at
least to such a state of thiugs as will place in
the hands of the part;^ in question the entire
manag-ement and admiuisrration of public
affairs? With this disgraceful project before
his eyes, which could scarcely excite the am-
bition of a Cauihal Caffre Chief, he has never
ceased, since he has become a public character,
to pour forth, by means of declamation, as
tumid as it is insidious and irrational, the
most dangerous doctrines that can possibly

17

he listened to in a Province like this, com-
posed, as it uufortunately is, of a population
much divided in political opinions, and the
majority of which is in a high and alarming
cleg:ree inflamable when the brand of com-
motion is applied by a hand whose com-
munity of birth, language, and manners, is
tantamount to the imperative voice of legal
authority. Few countries, however peace-
ful and happy, but are cursed and disgraced
by characters of this description ; but in no
country that we know of is the evil likely to
produce such destructive aod desolating con-
sequences as in Lower Cani da,if not chec-
ked and absolutely put down in pr«/per time.
Generally speaking, the Demagogues of Eu-
rope act on their own insolated responsibili-
ty until their projects are ripe for action, and
derive no other authority from law or other
public institutions than is the birthright of
every member of the community. In this
Province, however, the case is very different.
Here, from the peculiar construction of socie-
ty, our Demagogues, and they are neither
few nor small, are also our Legislators I Our
chief Demagogue has been Speaker of the
house of Assembly for six successive Parlia-
ments! It is thus that the poor Canadians
are deceived. — Their simplicity and ignor-
ance are so great, that they believe Mr. Pa-
pineau and his bandits to be acting under
public authority, and with the express ap-
probation of a constitutional government. —
None need be told how propitious and ad-
vantageous such a st^te of things naust be for

18

carrying cq the machinations of the party
opposed to government and headed by Mr.
Papineau ; nor how dextrous these gentle-
men are on all occasions, in availing them-
selves of it. Even the journals of the house
of Assembly bear witness to the insolence of
this party, and of Mr. Papineau in particu-
lar, in defaming and libelling the most neces-
sary and legal acts of government ; and it is
equally his disgrace that the walls of Par-
liament have re-echoed times without num-
ber declamation the most personally abusive
of the noble and exalted individual who
at present administers the government oftho
Province. Many proofs might be given ia
support of this assertion ; but we deem it suf-
ficieat at present to refer the rejider back to
some debates which took place in the house
of Assembly in the Session of 1825, when
the Governor in Chief was in England, and
with regard to whom expressions are said to
have been made use of which would disgrace
the lowest pot-house in Quebec. The reso-
lutions passed last year in the Assembly,
with respect to supplies and despatches^ bear
ample testimony to the contempt with which
Mr. Papineau and his gang have ever been
disposed to treat the constitutional communi-
cations emanating from the present head of
the Provincial government.

Out of Parliament, the conduct of Mr. Pa-
pineau has been equally glaring and uncon-
stitutional. No sooner was the last Parlia-
ment prorogued, than he published a Mani-
festo^ breathing not only revenge and deft-

19

ance to the Governor in Chief personally, but
teeming with a tissue of the grossest prevari-
cation and the foulest abuse that ever fell from
the tongue or the pen of any individual of the
least pretensions to education or genteel so-
ciety. In that well known production, pub-
lished in the face of all the laws of decency*
and every principle of a constitutional go-
vernment like ours, and rendered eternally
infamous by the well-applied castigation of
our friend, a fellow labourer. Delta, Mr. Pa-
pinoau not only charges his Excellency with,
altering what was false, in his proroguing
speech, but the King himself, and the imperi-
al government, with having confirmed and
sanctioned an act granting supplies in 1825,
which they had been actually disallowed
and disapproved of {;i Council/

But there are a few more items in our ac-
count against Mr. Papineau. Fearing, as he
had just cause to do, that his own Manifesto
would not have the effect of rousing what his
Chief Scribe at Montreal calls the ^'slumbering
energies of the country,^* he prepared a num-
ber of resolutions, disapproving of tl>e proro-
gation of the late Parliament and the gene-»
ral conduct of the Governor in Chief, which,
he circulated to his numerous emissaries
throughout the province ; begging of them
not to lose a moment in calling public meet-
ings to adopt these ready made declarations
of his own and his party's purity, to the
mter disgrace of the Gowrnor — not the go-
vernment. In a few places, where the time
and the vanity of the people exceeded their

20

good sense, this brantl of discord took eflect ;
but to the honour of the people in general,
and the consternation of Mr. Papineau, this
■method of embroiling the country in an open
rupture with the govermueut that protected
its rights and independence, did not succeed.
For a time Mr. Papineau was left to his own
resources; and, in justice to his zeal and ac-
tivity in the cause of anarchy, it must be ad-
mitted, that he made the best possible use of
them. His address and speeches to the e-
lectors of 31outreal may be placed in com-
petition with the most chaste and eloquent
productions of Hunt and Cobbet, for awaken-
ing the people to a sense of their degradatioa
imder the present system of things, and in
inducing them to throw aside that respect, at-
tachment, and gratitude, which they owe to
the government under which ihey live, and,
we have no hesitation to add, live contented
and happily too. in despite of Mr. Papineau
and his loatiisome popular harangues. In
any other country but this, the Husting
harang:uts of this man would degrade the
individual who uttered them far beneath
those venders of eloquence which we so fre-
quently tind congregated amidst the haunts
of the w'eaviug and cobbling politicians of
the manufacturing towns of England. They
did uoi contain a single patriotic sentiment,
nor one passage worthy of rehearsal by the
lowest and most ignorant blockhead that
stood gaping at theii utterance, if we except,
and except them we must, in such an inquiry
as the present, those sublime passages which

'21

heaped such a depth of odium and disgrace
OQ the admininistratoi* of the provincial go-^
vernmeot. As to the address of thanks, it in
oueofthe most unfgj/e thiugs we have ever
perused. There it stands before us as copied
into the Canadian Courant, confirmatory, to
use its own words, of" the sentence ofco7idt}7in-
natiornvhich has been already -passed by the
lohole country from end to end against the
claim of the Executive ;" and the disgrace
equally of the author and those to whom it is
addressed.

One charge more, and we have done for
the present with such of Mr. Speaker's elect
delinquencies as legally debar him from
being the organ of communication with his
Majesty's representative in either or any
branch of the legislative body. There are
three newspapers published in Montreal,
which we scorn to name, as they are utterly
beneath even the most contemptuous regard.
It is the sole business of these journals to
belch forth every species of abuse and defama-
tion that w^ords are capable of conveying
agaiust his Excellency the Governor in Chief
of this province, in his public as w ell as in his
private conduct and character. As a proof
of their outrageous and insolent conduct, the
anthoisofone and all of them have been
lately presented by the Grand Jury of the
District which they contaminate with their
scandalous vulgarity for libels upon the most
sacred institutions of civil society. Mr. Pa-
pineau is the chief patron and supporter of
all these journals I ! Need we say any more?

22

Who DOW, we boldly ask, will dare to
blame the Governor in Chief for refusing to
convey bis Majesty's approbation of the
choice made by the Aessembly of Mr. Papi-
neau as their Speaker? If there be any
such, let them take their stand with Mr. Pa-
pineau and his colleagues, for it is high time
that the people of this Province should rank
themselves for or against the constitution,
that the good may be distinguished from the
bad, that the loyal may be known from the
disloyal, and true Britons, known from their
enemies.

It is evident that the members of the house
of Assembly, upon the refusal of the Govern-
or to sanction the man of their election as
prolocutor, departed to their own apartment
under feelings of high and unusual irritation,
and of this we desire no better proof than the
tumultuous and disorderly manner in which
they conducted their proceedings on arriving
at their usual arena of debate. Their exit
from the Legislative Council (chamber might
not inaptly be compared to a pack of tarriers
just unkenneled with their leashes ready to
be slipped for the purpose of beginning the
sports of the day, but who had been in an
unauspicious moment countermanded by
their Lord, and sent back to their den how-
ling with rage and disappointment. And
there we leave them for the present, intend-
ing, before we proceed to the investigation of
their ulterior conduct, to consider the b-isis
upon which the prerogative of the croAva was

23

founded and exercised upon the present oc-
casion.

Before doing so, however, we may be per-
mitted to state, as a piece of antiquarian
lore, that authors are not agreed either as to
the period when the Speaker first appeared
in the house of Commons, or the individual
who first filled that important and distinguish-
ed situation. This office, like the constitu-
tion itself, dawned upon mankind amidst
those clouds of fe^udal barbarism which still
hung heavily over England even towards the
middle of the thirteenth century ; and when,
like the Astronomy of the Chaldeans, though
there might be many to study and admire,
there was no hand to record so invaluable a
privilege. It is peremptorily stated in the
Parliamentary history, that Sir Peter de le
Mare, Knight of the Shire of Herefordshire,
who was chosen Speaker in the first Parlia-
ment of Richard II. is the first Speaker on
record. Yet, upon the authority of the 51st
of Edward III. 1376. a year before his death
and the accession of his grandson, Richard
II. it appears, that Sir Thomas Hungerford,
is mentioned on the last day of the Parlia-
ment as being Speaker of the bouse of Com-
raoDs : The words of the Roll are, 'Qi avoit
les Paroles fur les Communes d' Engkterrt en
cest Parlement.'''' In the discussion of this
point, it seems, however, to be forgotten,
that in presenting a petition to Edward III.
to remove from his person the celebrated
Alice Pierce, the favorite of his dotage, and
others, Sir Petei' de la Ma^'e appeaned as

24

Speaker of the Commons ; and though it is
asserted that he was not Speaker, ** but a con-
siderable Knight of Herefordshire, both for
jprudence and eloquence,^' yet it seems unac-
countable how he should undertake the du-
ties of Speaker on so delicate an occasion
without having been legally inducted in the
office. Be this as it may upon the death of
the Black Prince, the favourites were recal-
led to court, and poor Sir Peter was imprison-
ed for a twelve month for the discharge of
the Speaker^ s duty.

The first instance on record of the exer-
cise of that branch of the royal prerogative
which empowers the King to dissallow the'
choice of Speaker of the house of Commons,
took place in 1450, and in the reign of Henry
VI. Sir John Popham was chosen Speaker,
but his excuse was accepted by the King,
and he was discharged in these words : — ■
" Rex ipsara suam excusationem admisit, et
ipsum de occupatione predicta exoneravit."*
On the same day the Commons presented
William Tresham, Esq. for the same purpose,
who was allowed. On the 22d of Feb. 1592,
Sir Edward Coke, in his disabling speech,
says, " this is only as yet a nomination and no
election, until your Majesty giveth allowance
and approbation.^^

On the 6ih of March, 1678, the Commons

* See Appendix No. II. which contains in
ample detail a host of precedents from such
authorities as it would be more than Q,uix-
otick to attempt to combat.

choise Sir Edward SeymOur, Speaker; but
on his being presented to the King, — Charles
II. on the 7th, the Lord Chancellor, by his
Majesty's command, disapproves of him, and
directs them to proceed to another choice.

It appears from Hatsell, who records these
precedents, that Seymour knew, that it bad
been determined at a Council tlie night pre-
vious to the meeting of the Parliament, to
accept of his excuse, on account of some dis-
pute he had at the time with Lord Danby, a
mere minister of the Crown, and in no shape
representing the King, purposely avoided
making any, in order to puzzle the Lord
Chancellor in refusing him. However, it is
certain, that notwithstanding this stratagem,
that his election was disapproved of, and
that he was excused, as above stated, by the
Lord Chancellor from performing the duties
of Speaker. The account which the histori-
an Rapin gives of the whole of this matter is
worthy of being transcribed and perused at
length.

*' The Parliament," says he, " began with
a warm dispute between the King and the
Commons, about the choice of a Speaker.—
The Commons chose Mr. * Edward Sey=
mour, the King, who knew Seymour, was a
particular enemy of the Earl of Dauby, re-
fused his approbation, and ordered the Com-
mons to proceed to a new choice. The
House was extremely displeased with this re-

* He is designed Sir elsewhere. He was
Treasurer of tiieNavy at thistirne^

2**

26

fusal, alleging, that it tvas never "known that a
'person should be excepted against, and ' no
rtason at all given, and that the thing itself of
presenting a speaker to the King was hut a
bare compliment — The King, oa his side, ia-
sisted qn the approbation or refusal of the
Speaker when presented to him, as a branch
of the prerogative. During a six day's dis-
pute the Commons made several represen-
tations to the King, to which he gave very
short answers. At last, as the Commons
would not desist from what tbey thought
their right, the King went to the Parliament,
and prorogued it from the 13th to the 15th ;
that is, for one day's interval between the
two Sessions. The Parliament meeting on
the 15th, the King ordered the Commons to
proceed to the choice of a Speaker. Then,
to avoid a revival of the dispute, they chcse
Mr. William Gregory, Sergeant at Law, who
'vas approved by the King."

It thus seems to be the undoubted and inhe-
rent prerogative of the crown, that, in all
cases, and under all circumstances, no Spea»
kercan legally act as such until his election,
or rather his " nomination,''^ as Coke terms it,
be approved and confirmed by the King,—
Our great constitutional lawyer, Blackstone„
speaks concisely but decidedly on this point :
The Speaker of the House of Commons,'^ says
he, vol. 1. p. 181, " is chosen hy the House^
hut MUST he approved hy the King."

But the question at present at issue is. whe-
ther this prerogative extends to the King'i

Kepresentatlves in the Coloi^ies, without be-
ing specially and in express terms conferred
by letters patent or by law t So far as re-
gards these Provinces, the constitution of
which is modelled with great care and
precision on that of the Mother Country, the
best and safest answer that (^n be given to
this question is, that if His j^lajesty's repre-
sentative cannot exercise this particular pre-
rogative in common with those which stand
on a similar basis, so neither can our Houses
of Assembly make choice of a Speaker. The
constitutional act, though it \ authorises the
Governor lo appoint the Sjpeaker of the
Legislative Council, is nevertrieless silent as
to the right of the Assembly to make choice
of its own Speaker. It may, indeed, be pre-
sumed, from the twenty -seven§i section of
that act, that the Assembly are entitled to
have a Speaker ; but his powers are thereby
wholly confined, like that of his colleague of
the Legislative Council, to the casting vote
in case of an equality of voices. If, there-
fore, the Assembly have a right, without the
express authority of the constitution to elect
a Speaker, surely the Governor, as the re-
presentative of the King, has an equal right
to exercise every legal prerogative of the
Crown, the one in question as well as all the
rest. The one privilege is contingent upon
the other ; nor can the one in our system of
Government, exist without the other. In a
word, if the Assembly have a right to elect
a Speaker, the Governor has an equal right
to coaiirm or reject their nomination as he may

28 ^
think most conducive to his own dignity, and
tlie interests of tlie country.

That this special prerogative has been ex-
tended to, and actually exercised in the
British Colonies, there cannot be a doubt ia
the mind of any one who has read their his-
tory. The Nova- Scotia case before referred
to, ought to carry great weight along with
it. There is, however, a more reniarkabe,
and, perhaps, a stronger case now lying
before us, the particulars of which we shall
state in a few words. A short lime after the
accession of Geo. 1. to the Crown of Great
Britain, he appointed Colonel Shuie, a highly
respectable officer, who had served under the
Duke of Marlborough, to the Government of
New-EnglunJ. The conduct of Colonel
Shute was l.ighly meritorious ; but, as has
almost unifoi'mly been the case with every
Governor coming to the Colonies, he failed
in gaining the cordial co-operation of the
Legislature; and the Assembly gave him so
much trouble, that he was at last forced to
carry over to England a complaint against
them ; a coustituiionul practice which we
could wish were practiceil more frequently ia
our own times. Mr. Cook, the agent for the
llepresentatives complained of, admitted the
charges to be true, except the second and
fourth, which consisted of '* Refusing the
Governors Nesative of the Speaker," and
" adjourning themselves for more than two
days at a time." With respect to these two
articles not acknowledged, an '-rplanatory
charter was made out ia the 12th ^of Geo.

29

n. which contHins the following cifSuse— -
♦' Whereas, in their Charter nothing is di-
rected concerning a Speaker of the Rouse
of Representatives, and of their adjourning
themslves, it is herehy ordered, that the Go-
vernor or Commander in Chief shall have
a NEGATIVE in the election of the Speaker;
and the House of Representatives may ad-
journ themselves not exceeding two dars at
a time."

But we find that we must postpone the
further consideration of this very important
question till our next.

No. II.

The niain object of our last was to establish,
by precedents, usage, and history, the unin-
terrupted existence till this day of one of the
most ancient prerogatives of the Crown — the
power of confirming or rejecting the indivi-
dual nominated by the House of Commons as
its Speaker ; and, by consequence, the right
of the King's Representative not only in this,
but in every other British Province in the
enjoyuneat of a representative government, to
exercise similar prerogatives. This import-
ant constitutional point established, our pur-
pose at present is to enquire, not whether—'
for that can never be made a question in the
mind of any one who has studied the British
Constitution for an hour — but how deeply and
dangerously the majority of the House of As-
sembly of this Province have involved them->
selves iu au attempt to abrogate a preroga-
tive, which, although the factious spirit of
party may have sometimes repelled and ques-
tioned it, has never been abrogated in that
country and government from which we not
only have received our political existence, but
profess to borrow every constitutional maxim
necessary to the preservation of so popular,
but so permanent a species of government,
la order, however, to avoid all recurrence

31

in future to a right established on so firm,
and, we hope, so lasting a basis, and which
no man will ever dare to question except he
who is ready to combat every principle of
good government, we deem it necessary to
put down in this place such additional proofs
and precedentsof the existence of the prero-
gative in question, as the industry of our con-
temporaries and our own researches have
placed at our command. We shall thea
discuss the matter fully armed ; and think
that by bringing the facts and reasoning of
the one side into visible, direct, full, and de-
cisive conflict with the other, we shall be
able to withdraw from the contest with all
the laurels that can be won in such a field of
controversy.

We have already given at length Rapin's
account of the circumstances which attended
the election and rejection as Speaker, of
Seymour, in 1678. Hume's account of them
is equally interesting, and uo less worthy of
perusal :

But the King soon found that, notwith-
standing this precaution, notwithstanding his
concurrence of the prosecution of the Popish
plot, notwithstanding the zeal which he ex-
pressed, and even at this time exercised a-
gainst the Catholics, he had nowise obtained
the confidence of his Parliament.

" The refractory humour of the Lower
House appeared in the very first step which
they took upon their assembling. It had
ever been usual for the commons in the se-
lection of their Speaker to consult the iucii-

32

aations of their Sovereign, and even the long
Parliament io 1641 had not thought proper-
to depart from so established a custom. The
King now desired that the choice should
fall on Sir Thomas Meres ; but Seymour,
Speaker to the last Parliament, was instantly
called to the Chair, by a vote which seemed
unanimous. The King, when Seymour was
presented to him for his approbation, reject-
ed him and ordered the Cora; onsto proceed
to '<; new choice. A great flame was excited.
The Commons maintained that the King's ap-
probation was merely a matter of form, and
that he could not, without giving a reason,
reject the Speaker chosen. The King, that,
since he had the power of rejecting, he
might, if he pleased, keep the reason in his
own breast. As the question had never been
before started, it might seem difficult to find
principles upon which it could be decided.
By way of compromise it \vas agreed to set
aside both candidates. Gregory, a Lawyer,
was chosen, and the election was ratified by
the King. It has ever since been understood
that the choice of the Speaker lies in the
House, but that the King retains the power
of rejecting any person disagreeable to him."
^Pocket Edition, Vol. IX. p. 238.

The Notes subjoined to this text are very
important : — " In 1566 the Speaker said to
Q,ueen Elizabeth, that without her allowance
the oleciioo of the House was of no signifi-
cance.—D' Ewes' Journal, p. 97. In the
Parliament of 1592— 93, the Speaker, who
was Sir Edward Coke, advances a like po-

33

siiion.—D'' Eives, p. 459. Townshend, p. 35.
So that this pretension of the Commons" —
that is, of persistiog in their choice * >f Speak-
er— "seems to have been somewhat new ;
like many other powers and privileg,es."
Bolingbroke, writing of these times, accounts
in a manner for the usurpations of the Com-
mons in Seymour's case, by saying of the
Commons—" that they lost their temper oa
some particular occasions must not be denied.
They were men, and therefore frail."

We copy the following cases from the
Q,wibec Mercury and the Montreal Gazette, by
Authority.

Woodeson says, (vol. !. p. 57,) *' The
Commons cannot sit without a Speaker af-
ter their first meeting," and this is also laid
down in the 4th Institutes, pp. 7 and 8.

In the mode of appointing the Speaker,
some change has taken place since the revo-
lution, but the leading principle that the
Royal approval is necessary to give effect to
the choice of the Commons, has never been
disputed.

The manner of electing the Speaker is ex-
plained by Whitelock, vol, 1. p. 224.

" Then the Commons repayre to their
house, and usually some of the members be-
fore acquainted with the King's mind doth
nominate one among them to be chosen for
their Speaker whereon there is seldom con-
tradiction. Coke saith (4 Inst. p. 8) that af-
ter their choice the King may refuse him,
and that the course is, for avoiding expense
cf time and contest, as m the Conge d'Elsre

34

of a Bishop, tbat tlie King doth uarae a dis-
creet and learned man whom the Commons
elect ; he adds that the Speaker is so neces-
sary that the House of Commons cannot sit
without him.''— JFhitelock, vol. 1. p. 224.

" In 1778—79, on the meeting of the then
new Parliament, Charles Wolfran Cornwall,
Esq. was proposed by Lord North as Speak-
er, in preference to Sir Fletcher Norton
(afterwards the first Lord Grantley,) who
had filled that office during the preceding
Parliament, and Lord North gave as one of
the reasons for this extraordinary step, that
it would be useless to elect Sir Fletcher, in-
asmuch as he was personally obnoxious to"
the Sovereign, and that this feeling would
operate as a cause for his rejection and dis-
allowance. The event is familiar to every
one acquainted with the Parliamentary an-
nals of that period, and is therefore unneces-
sary for us to lengthen our remarks with the
cause of the objection to Sir Fletcher. In
consequence of this intimation from the Mi-
nister and perhaps for other motives, Mr.
Cornwall was chosen, and afterwards allow-
ed."

We are indebted to the Quebec Official
Gazeffe, for the following important informa-
tion. The Nova-Scotia case alluded to, in
conjunction with the New England one de-
tailed in our last, forms a remarkable con-
necting link between the mother country and
the Colonies in regard to tliis royal preroga-
tive.

"■ Just one hundred years ago, Speaker

35

Onslow, when lie was elected by the Cora-
mons to that Chair which he filled for 33
years with unequalled ability, and in which,
says Hatsell, the distinguishing feature cf
his conduct was ' a regard and veneration for
the British Constitution as it was declared
and established at the revolution,' this emi-
nent Pariiaraentary authority thus addressed
bis Sovereign, ' Happy is it, Sir, for your
Conamons, th'dty our jyjajestij''s clisapfrGhation
will give thera an opportunity to reconsider
what they have done. I am therefore to im-
plore your Majesty to command your Com-
mons to do what they can very easily per-
form, to make choice of another person more
proper for them to present to your Majesty.'
" In Nova-Scotia, in the year 1806, a
Speaker chosen by the Assembly was disap-
proved by the then Lieutenant Governor ; the
Assembly proceeded to another election and
chose the other candidate who had been be-
fore unsuccessful, but who was more accept-
able to the Governor, and was accordingly
approved. The only notice which the As-
sembly thought it proper to take of this re-
jection, was in the following paragraph of
their address in answer to the Speech :
While we lament that your Excellency has
been pleased to exercise a branch of His
Majesty's prerogative long unused in Great
Britain, and without precedent in this Pro-
vince, we beg leave to assure your Excellen-
cy that we shall not fail to cultivate a good
understanding," &c. &c.*

See again Appendix No. 1.

36

It DOW becomes our painful but necessary
duty to detail the conduct and question the
right of the House of Assembly in refusing to
acknowledge the exercise on the part of the
Crown of this prerogative, established, as we
have seen it has been, on the same basis and
by the same authority as the most sacred
privileges claimed by the Assembly itself.

When the Assembly returned to the Cham-
ber of its deliberations, in obedience to tho
directions of the Governor in Chief, the
Speaker elect, contrary to all precedents, es-
pecially the remarkable one of Sir Edward
Seymour, who did not assume fhe chair, and
as if that were necessary to fill to the brim
the cup of his hostile feelings, insolence and
malignity Jtowards the King's representative,
to whom, for once at least, he was compelled
to succumb, took, without any hesitation, the
chair, and caused the mace to be laid on the
table. Nor could the voice of the constitu-
tion, declared by several members of the
House in a manner that might force convic-
tion upon any understanding but his own, pre-
vail upon him to retire from it, until he had
intimated to the House the terms in which his
election as Speaker was disapproved of by
the Governor in Chief ; thus rendering him-
self in the eyes and the ears of his country
the herald of his own degradation and down-
fall. No man possessed of a spark of mo-
desty, or the least notion of thut respect cul-
tivated by every man of honour and virtue
towards the constituted authorities of his
couQtrj could ever have assumed a statioa

37

fit only for brass or marble. But Mr. Papi-
neau differs from other men on a variety of
subjects -, but on none more than that great
and useful maxim of private and public so-
ciety, which enjoins a respect for others by a
diffident respect of ourselves. Sir Edward
Seymour's example might, in this instance at
least, be followed to great, creditable, and
lasting advantage.

We stated in our last that the debate which
took place on the return of the Assembly to
its own place of sittings, so far as regarded
the majority, was tumultuary and uncon-
stitutional. This has since been denied ; but
the denial came from a source unworthy of
a moment's hearing, when the united voice of
our contemporaries and of many respectable
individuals present, loudly and emphatically
declare otherwise. It is, therefore, unworthy
of being detailed at length in this place,
though, in the sequel, some of the principles
laid down in it may be adverted to, in order
to be confuted. We shall here content our-
selves with what may be termed the official
results of this debate; and the first before us
is the resolutions proposed to the House by
Mr. Cuvillier — ^resolutions If-hich, from the
information we have received, and many
concurring circumstances, we have no hesita-
tion to assert, were prepared at Montreal
long previous to that and the other member's
simultaneous embarkation for Quebec, in
the full anticipation of Mr. Papineau's rejec-
tion as speaker elect, by the Governor in
Chief. These resolutions will long be
3

In remembrance, no less on account of the
studied strain of insult in which they are
couched with respect to the King's repre-
sentative, than for the daring novelty, gross
ignorance, presumptive insolence, and mena-
cing unconstitutional principles which, from
end to end pervade the whole.
" Resolved : —

"1® That it is necessary for the dis-
charge of the duties imposed upon this House,
viz : to give its advice to His Majesty in the
enactment of Laws for the peace, welfare,
and good government of the Province, con-
formably to the Act of the British Parlia-
ment under which it is constituted and as-
sembled, that the Speaker be a person of its
free choice independently of the will and
pleasm-e of the person entrusted by His Ma-
jesty with the administration of the local
Government for the time being.

«< 2 ® That Louis Joseph Papineau, one of
the Members of this House, who has served
as Speaker in six successive Parliaments,
has been duly chosen by this House to be its
Speaker in the present Parliament.

*' 3 ® That the act of the Pritish Parlia-
ment under which this House is constituted
and assembled, does not require the approval
of such person so chosen as Speaker by the
person administering the Government of this
Province in the marae of His Majesty.

«t 4 o That the presenting of the person so
elected as Speaker to the King's Represent-
ative for approval is founded on usage only,
and that such approval is and has always
been a matter of course.

>' 5 ® That this House doth persist in its
choice, and that the said Louis Joseph Pa-
pineau, Esq. ought to be and is its Speaker.'"

These Resolutions, after an interval of
adjournment, having been sanctioned and
agreed to by a majority of thirty-nine to
four, the following address to His Excellency,
copied from that which the Commons pre-
sented to the King in Seymour's case, ia
1678, was voted, and a committee appointed
to wait on His Excellency to learn when
he would be pleased to receive it.

" May it please your Excellency,

" We, His Majesty's dutiful and loyal sub-
jects, the Assembly of Lower Canada, in
Provincial Parliament assembled, having
taken into our most serious consideration the
communication made to us by the Speaker
of the Legislative Council, by order of youi'
Excellency, respecting our choice of a
Speaker, humbly request your Excellency to
be fully assured that we sincerely respect the
rights of His Majesty and his Royal prero-
gative, which we acknowledge to be annexed
to His Imperial Crown for the benefit and
protection of his people. We are fully as-
sured that your Excellency could intend no-
thing which could destroy or diminish our
constitutional privileges, without which we
cannot fulfil our important duties towards his
Majesty and his people of this Province, and
in this persuasion we in all humility submit
to your Excellency that it is the incontesti-
ble.ight of the Commons of this Province
to have the free election of one of their mem-

40

bers to be their Speaker, and perform the
duy of their House ; that the speaker so e-
lecied and afterwards presented to the
King's Representative, according to usage,
ought always by uniform practice to be con-
tinued as Speaker, and fulfil his office as such,
unless he be therefrom excused from corpo-
real infirmity, alleged by himself or on his
behalf in full Provincial Parliament , that,
accordiug to that usage, Louis Joseph Papi-
neau, Esq. has been duly elected, and chosen
in coDsideratien of his great ability and fit-
ness, of which we have had experience dur-
ing several Parliaments, and has been hy us
presented to your Excellency as a person
worthy our confidence, and who we conceiv-
ed \\ ould be agreeable to your Excellency ;
for %vhich reasons we humbly hope that your
Excellency, after having considered the old
pr-^cedeots, would be pleased to remain sa-
tisfied with our proceedings and net deprive
us of the services of ihe said Louis Joseph
Papineau as our Speaker, but, that your Ex-
cellency would be pleased to give us a favor-
able answer, such as His Majesty and His
royal predecessors have ever given to their
faithful Commons in such case, in order that
we may be enabled to proceed without fur-
ther delay to the disjaatch of the important
and arduous affairs for which we are con-
voked in which we hope to give con-
vincing proofs of our affection for the King's
service, and of our solicitude for the peace
and welfare of the Province."

The firm and constitutional determination
of his Excellency ia refusing to recognize

41

either the House of Assembly or their mes=
senders UDtil the House should be lej^.dly con-
stituted by the appointment of a Speaker ap-
proved by the Crown, and his subsequent
prorogation of the Parliament, rather than
be longer menaced and insulted by a despe-
rate and enraged party, whose characteristic
it has ever been to bear none in power but
themselves, closed this remarkable scene ; a
scene which, for headlong fury and determin-
ed violation of a fundamental principle of
the constitution, is unparalleled in the history
of every British colony, save those which
have shaken off the supremacy of the Mother
country. We scarcely know one principle
of the constitution where an assault would
be attended with more alarming consequen-
ces than the one which has thus been assail-
ed, if not resolutely defended and repulsed as
it has been on the present occasion. If this
point were once taken by force or tamely
surrendered, the whole fabrick would fall to
the ground. If his Excellency had given
way at this point, there is scarcely another
point within the whole compass of the edi-
fice committed to his care at which he could
make a stand. The peculiar construction of
our constitution very frequently renders its
defence a task requiring no ordinary powers
of intellect and presence of mind. But its
tacticks are fortunately for us very simple.
They consist only of a steady and undevia-
ting adherence to the rules laid down, and
a resolute determination on the part of those
entrusted with its maintenance, King as well
3*

42

£is people, never to yield any single ou& of
its kuowQ and practised rights wits'out the
unauimous consent of all interested. Now,
to follow out the simile, Avheu a certain sys-
tem of defence has been successful! .- practi-
sed for a series of years, and has been found
to secure us against encroachments of what-
soever nature, whether of popular excesses
on the one hand, or of sovereign despotism
on the other, does it not consist with reason,
with fortitude, and, above all, with true
patriotism, that the same system should be
persevered in, either until it has been found
useless, or until another and a better one has
been adopted by the unanimous consent of all
concerned ? Shall we then blame the in-
dividual, or the setpf individuals, who, bound
by authority and law to follow the plans
laid down before them, refuse to saucuoa
the schemes of the first bold usurper who
takes it into his head to violate the first prin-
ciples of our social compact? In one word,
is it to be endured, that either the King's
Kepresentative or the House of Assembly,
jio matter from what motives, may establish
for themselves at every meeting of the Legis-
lature, a new system of procedure neither
sanctioned by our constitution, nor practised
in tl:iat country by which we not only affect,
but are bound to be guided in every thing
that concerns our public welfare ? As for
the King's Representative, we think that we
are quite safe in assertiug, that he has never
hitherio overstepped t!je bounds of any one of
those rights and prerogatives with which he

- 43

is eutrusted, and may with equal safety ex-
press our coofideDce, that he never shall he
fouod to do so. We regret that we cannot
say as much for the House of Assembly. —
We have not exactly arrived at that point of
the present enquiry at which we have deter-
mined to investigate such parts of their con-
duct as have been deemed unconstitutional ;
but'if we may judge of the future by the past,
the sooner their career of usurpation shall
have been arrested, the happier and the bet-
ter for the country. Of late their progress
in iniquity has indeed experienced a few
checks ; but the misfortune is, that these
checks, though they may serve to ward off
from time to time the impending blow, and
pi-event the citadel from being sacked by the
enemy, are, nevertheless, but the partial
sallies of a brave and resolute Governor cal-
culated only to preserve his charge from des-
truction until the arrival of a more potent
force from the Mother country. Nor need
we fear that this assistance will be long in
arriving. The general misfortunes of the
Province demand it ; and the people call
aloud for assistance, and a termiu;' ion to a
statrf of politcal anarchy which must end in
their ruin, if not, once for all, destroyed. —
Meanwhile, let us proceed to a more minute
examination of the question now at issue,
which is one equally interesting to Govern-
ment and people. We find, however, that
we must postpone this investigation till our
next number ; the present having swelled
into a prolixity which we did not anticipate.

No. III.

It is of the last import;tace ia all constitu-
tional tliscussioQs or political disputes, that
proper ootioDs be eutertaioed noi only of the
subject luatier of debate, but the source nhmce
it sprung, and the consequences to uliicli it
nip.y lead ; otherwise, the comliatants will
eternally be floundering iu a path that will
never bring them to a proper uuderstandiag
or amicable adjustnient of their differences.
It is true, indeed, that it is seldom wc find
political disputants travelling on the s<«mc
road towards the attainaient of their objects ;
sonae take a short and more direct way,
while others imagine that a circuitous, though
the longest, is always the surest route to the
cud in view. But there ought, and there
ever must be a starting point ; and it is
principally on this that the fairness of the
race and the value of the prize will depend.
If there be no legitimate starting point, there
can be no legal winning one ; and the parties
must return to their original stRti(<ns, with
110 other advantage than a little experience of
the folly of setting out iu the dark without a
sufficient knowledge of their ground, and aa
expenditure of some pufBng and blowing
from fatigue, the consequence of ever exer-
tion. H-u\ the House of Assi-mbiy been a9
iveil aware as they probably are by this time,

43

of the eg;reu;ious picsuniptiou and lolly ot
ein!>:iikin^ in a crusude ai^aitis-t the proro^a-
livesoftho Crowu, witliout either a star or
com|> iss to guide thera ou their dangerous
voyage, it is reasouahlo to thiuk they never
woul i liave launched in such a tumultuary
ma 1 I'-T, itiid have placed at their head an
individual who had already exliibiiod such
glaring proots of his iuc.ipacity to dischargo
with credit to himself, or profit to his coun-
try, rhe important duties of so hi^h and dis-
tinguished a stmion. — 'They never would
havo placed at thtnrhead an individual who,
instead of being a mediator, became a par-
tisan in the contest — who, instead of assist-
ing with might and main to guide the vessel
of the state into some safe heaven or com-
modious ha.bour, lent all the powers and
faculties of his mind to lead her out of the
proper course into the irresistible current of
popular commotion, there to drift with the
tide, and be finally sunk or shattered to
pieces amidst the rocks and quicksands of
overwl'dming anarchy ; who, instead of
being the bearer of the fair flag of truce and
peace, hoisted the banner of exterminatory
hostilities, and, to use the forcible language
of i>[r. A. Stuart — language, to which we re-
gret to say littlejustice was done in the re-
ports of our contemporaries \vho ha<l the
>V'ord *' ^^'ar'' imprinted on his forehead ;
and who, to complete ihe climax, instea<l of
beii5g t!ie amiable herald ofpeacc and tran-
quility, iluug far assuiider the portals of

4G

Janus that the whole country might* enter
and arm for the appioachiug contest. The
Assembly, however, like all other hein?s,
^vhose ambitions projects render them obnox-
iou."? to the dictates of reason, convinced them-
selves in their fury, that might was right;
and, accordingly, set out on their career of
foolish and usurping errantry, without know-
ing whence they started, or wliithor they
were going. It will therefore l)c our busi-
ness in this chapter to concentrate all par-
ties on the ground of their original existence
as a constitutional body, being the only
means of ascertaining how far ^hey have
deviated from the courses laid down on that
chart which they are all so willing to recog-
nize as the rule of their conduct, and the ba-
sis of our political superstructure. Fortius
end we shall take a cursory glance of the
royal prerogative, as settled at the revolu-
tion of 1688, an era to which no political
writer can possibly object, whatever his
principles or aims maybe. We shall then
inquire shortly how far the constitution of
Canada is modelled on that of Great Britain,
as settled at the era alluded to, and by that
means ascertain how far the Province has
deviated from or adhered to the practice of
the metropolitan state, taking principally as
our text the resolutions proposed by Mr.
Cuvillitr, and passed by the majority of th#
Assembly.

By the word prerogative, says Blackstone,

* See Appendix No. '3.

we usually understaudthatspecl.il pie-emi'
nen^ e, which the Kiug hath, over and ahove
all other persons, and out of the ordinary
course of the common law. It signifies, in
its etymology, (from prae and rogo) some-
thin;; tiiat IS required or derpMnded before, or
in preference to, all others. And hence it
follows, that it must be in its nature singular
and eccentrical ; that it can only be applied
to those rights and capacities which the
King enjoys alone, in c-mtradistinction to
others, and not to those which he enjoys in
common with any of his subjects : for if any
one prerogative of the Crown could be held
in c nmon with the subject, it would cease
to b"? .prerogative any longer. One &f tho
princi[)'ii bulwarks of the British Constitu-
tion was the limitation of tho King's preroga-
tive by bounds so certain and notorious, that
it is impossible he should over exceed thera,
wit''out the consent of the people, on the one
hand ; or w ithout, on the other, a violation
of that origiual cviiitract, Wiiich in all states
impliedly, and in ours most expressly, srb-
sists between the prince and the subject.
The great end of the revolution which placed
WilliHm and Mary upon the throne, was the
rep;irniion and final establishment of this
bulwark, which had fallen into almost irre-
parable decay by the tyrannical encroach-
ments of the Stuart's. VVhen the new mon-
arch ascended tbr. throne, he found himself
in possession of aii-ple, but well dofinrd pre-
rog 'iv^^i ; o ) am 'le, that they CiMii.ilned
every power consistent with the splendour,

4S

iVifiuity, aiul authority of tho regal fuuciions,
aiK so well definou, llint nothing hui the
lUi I uuwarrniitahic protensious to tlc&p«»tic
])o\\ei- ou iho part ol the Sovereign, or the
niosiunjustifiahle usurpations ou the part of
th< peo|)lo, couUl leail to a viohiiiou of them.
\\'o shall not at present speak of them iu
their utmost hounds, buieoufine ourselves to
a general allusion to them iu their politieal
or legislative eharactor. 'JMie King can
convoke, ailjourn, prorogue, ami dissolve
Parliament at his pleasme. He is a consti-
tuent part of the supreme legislative power ;
anil, as such, has tho prerogative of rtjecting
such provisions iu pailiamcnt as be may
judge improper to be passed. He is the
fountain ofjustice and general conservator
ofiiie peace of the kingilom. He is the
fountam of honour of ollice and of privilege.
He j)ossesses the right of cltt>osiug his ouo
council, and of nominating all tho great
ollicers of the state. In tho exercise of these
prerogatives, the King is irresistible aud ab-
solute, according to tiie forms of the constitu-
tion ; *• for otherwise," adds Blackstone,
" tne power of the Crown would indeed be
but a name and a shadow, iu>utUeieut for the
ends of government, if, wliere its J risdiclion
is c eorlij tstabliskeil ami olloivtil, any man, or
hodij 0/ men, were permitted to disobey it, ia
the ordinary course of law ."

The customs and usages of Parliament,
previous to tlie revolution, must have h( eu
too well known and too geuerallv prnetised
to lead us to suppose, that if they coutaiuetl

49

any tliiug prcjiulicial to the interests, or at
variance, with the lipjhts of the people or
their representatives, they sht)uhl not at that
eventful perioil, which pre>euted the fairest
opportunity that ever occurred for doing
themselves justice, be retrenched or totally
cancelled. Yet, in the thrteen incinorablo
coudiiious made hy the Lorils S|>iritiial and
Temporal,. and Commons v/ilh the Prince
and Princess of Orange, not one is to bo
found tleclaratory of the rig;hts and privi-
Ici^es of Parliament, as a pnrlictinerit. except
► the ninth, which declares, '* That the fretilom
of ap'jech, ant debates, or proceedings in Par-
lianunt, ought not to be impeached or ques-
tionadin tin>/ co irt or place out ofFarliam-nt.'''
It is. therefore, very evident, that if all the
other privileges peculiar to the commons,
Buch as the freedom from arrest, the ri^lit to
arrest, and punish such as impeached or
questioneil their proceedings and the fiomi-
uation and final appointment of Speaker,
were iuliereutiu t'leir own body, without any
reference whatever to the crown, such inher-
ent rigiits and privileges would be declared
and insisted on in the Bill of Rights, along
with the assertion of all their other ancient
rights and liberties. This, however, they
did not do ; and whether it is totherr wisiloni
or their folly that we are indebted for the
perpetuation of a prerogative as ancient as
their own constitutional existence, it is not
for us or even a branch of the legislatiu-c, to
impugn it until duly abrogated by the united
legislative authority of the state. The ucw

50

monarch, to use the words of Smollett, re-
tained ihf old re«^al power over parliament
in its full extent ; and, so far as the particu-
lar prerogative in question is concerned, has
handed itdown to his successors unimpaired
and unimpeached. There cannot be a stron-
ger proof of the intention, if not the determi-
nation, of parliament to continue the old
customs, with respect to the source and ex-
ercise of its privileges, than what took place
at the revolution. When the convention
parliament met and chos? its Speakers — the
Marquis of Halifax by the Peers, and Mr.
Henry Powle by the Commons — there was
no authority in the Kingdom to confirm such
elections ; the source of all public offices and
employments having ceased to flow in con-
sequence of the desertion of the ill-fated
James, the last monarch of the ill-fated
Stuarts. But the instant that the conven-
tion was converted into a parliament, or, at
all events, as soon as the new parliament
met, the old customs and usages of parlia-
ment were resorted to. though William was
no great stickler for prerogative, provided
the means were furnished for carrying into
effect his warlike and foreign projects. As
usual, the Speaker of the House of Lords
■was appointed by the King ; and he of the
Commons, though nominated by that body,
could not act until confirmed by the same
autiiority. The Commons by the mouth of
their Speaker thus approved of, demanded
■ their ancient privileges ; and, upon conipar-
ing the proceedings of parliament at each

51

new meeting after the revolution with those
prior to it, it was found that no alteration or
innovation whatever had been . lade upou
them.

It is, tliercfore, highly foolish, stupid and
absurd, to assert, that the current, of these
usages, which has flown in one uninterrupted
channel from the revolution down to the
present time, gathering additional force and
strength in its course, can be diverted at tho
pleasure of any one branch of the legisla-
ture without the consent of the whole. These
usages now form part and parcel of the con-
stitution. They are as deeply injirafted on
the King's prerogative as the right to call
together, prorogue, and dissolve parliament
itself. No power can annul them except the
united voice of parliament in all its consti-
tuent parts. The Commons will not. and
dare not attempt it on their o^^ n strength ;
and we all know, that thougli tho Commons
have the right to maintain, they have no
power to alter or destroy the constitution.
Besides, the Speaker of the Commons, with
regard to whose nomination and confirma-
tion our present inquiries arc principally di-
rected, is a magisterial and judicial ollicep ;
possessing power not only over certain rights
and liberties belonsiug to the members of
the body over whom he presides, but also
over the persons and liberties of his iMajesty's
subjects in general. Can the Commons en-
dow him with such extensive authority ? No",
they possess it not themselves : it is not in-
herent in them. The constitution restricts

their powers to legislation only; aad it is
one of the first and greatest and best maxims
of that constitution, that tho legislative and
judicial powers canuothe uuited without the
destruction of the whole fabric. They can-
not even assemble without being summoned
by the King; for they are not, like him, a
self-existing power in the State. They can-
not clothe themselves with the smallest ves-
tige of executive authority ; and, without the
consent of such executive anthority, how can
it be supposed that the mere election of their
speaker can confer upon him judicial powers
scarcely inferior to those of our highest courts
of justice ? The idea is absurd ! Such pow-
ers can only flow from that common foun-
tain ofjustice whence all jurisdiction over
persons and property proceeds ; and the
Commons might as well take it into their
heads to appoint the Lord High Chancellor
of England, as appoint their own Speaker
without the consent and approbation of the
King. If the authority of the Speaker were
restricted to the mere overseeing of the in-
ternal proceedings of the House ; to the read-
ing of messages ; to the maintenance of or-
der and decency in debates ; to the putting
of questions from the chair ; to the preserva-
tion of silence ; to the rehearsal of precedents;
and to pronouncing the casting vote in case
of an equality of voices, the thing might do
very well ; and neither King nor people, we
are sure, would be much inclined to disturb
him in the exercise of his dry and monoton-
ous duties, nor interest themselves more in

53

his nominaiioa than they are accustomed f&
do hi the appoiuimeut of the chairraau of a
committee for inquiriug into the best means
for improving turupike roads. But when we
find him, ia the full plenitude o( his Judicial
powers, exercising a lordship and jurisdictiou
as extensive as the kingdom itself, issuing
liis n arrant for taking into custody some
scribbler or popular speechifier — who has
been unguarded enough to commit a breach
upon the privileges of the house, and pro-
nounce doom depriving him of his liberty
during several months, it is high time to look
into the authority whence such potent power
proceeds; for, however imperious force may
be, no Briton is bound to submit to power
without law. We have already said that
guch judicial powers are not indigenous to
to the Commons. Indeed they have never
laid claim to them as such. Ilow could they?
They have hitherto had tho good sense to
know, that without the sanction of the su-
preme executive magistrate, from whom all
judicial power emanates, no privilege of thi?
descri])tion could bo inherent in a popular
eccentrical body, whose very existence de-
pends upon the nod of that distinguished per-
sonage. They, therefore seek it where alone
they can obtain it — at the foot of the throne.
Whether as a boon or as a matter of right,
they always claim it, and dare i3ot act upon
it, nor even anticipate its assumption, until
conferrred upon them. — Can we then sup-
pose for a moment that such an enlightened
body ais th« Goniraons of Great Britain and

64

liolanil Imvo ever been, wouUl coiulesceiul
to iin|>liMe ami ititriMt iVoiii iiis Majesty, as
ihev routiiUHMl to tli) at the eoinnieiicenient
of every parliatuont, the privilege of acting;-
in any jiulieial eapacity, ifsiieh privilege had
boeu co-«xistent uith parliameut, and that
they had tiie ri};ht of cxereisitig and enfoieiiig
it at their t)\vii will and by their own sole
anihority independent of any other eonstilu-
CMit part o<" the suproujc lej^islaiive power .'
AVhal simpletons they must be ittliey possess
powers and privileges iuhcreut in themselves,
and have not the courage to enforce them
■withont heniling the knee to any other autho-
rity on earth I \N liai has l)eeonio of the
daring of OKI England ! What has beet>me
of the spirit that extorted Maun a Chakta at
the point of the sword ! Has the blood that
ovorllowed the nation in defence of law,
jusnco anil liberty, been spilt in vain I What
has become of the boKl but mistaken zeal that
brought a monarch to the block in defence of
liberty ! What has become of the llampileus,
the Kussels, the I?idnoys, the (^hathams, the
ritts, th«i Foxes, and the Burkes, that have
shell their blood and spent their lives to pre-
serve our liberties and constitution.' Have they
already been forgotten; or w ere they the mere
phantoms of tne brain that passed in shadowy
])ageauts before our feverish imaginations !
Could such events and such men pass into
oblivion and not l^avo one solitary token be-
hind tliom of their disapproval of the custom
of seeking the Commons' Speaker, and pri-
vileges from iho Crowu, ifsuch were contra-

55

ry to tlioir rights; and atvariancc with all tho
known principles of the constitution ! Could
suck men crouch for a boon wlien there exis-
ted a right ? Was it for them to ask what
they had already been in possession of?
Could such men stoop and cringe and fawn
at the footstool of the Bel and Nebo of unde-
fined prerogative, and beg from the crown
rights and privileges inherent in the repre-
sentatives of England ? Surely that man is
not in possession of his faculties, who can for
a moment believe, that if the House of Com-
mons have a right to the fidl and free exer-
cise of iho extensive privileges which they
now enjoy, and to the election of tho Speaker
without tho intervention of tho Sovereign,
they would not long before now lay claim to
them, and maintain them with as fearless
and dauntless a brow as ever they spoke or
fought in the cause of rational freedom. It
is therefore most vain, most presumptuous
to imagine that they can at pleasure assume
rights "which were never reserved to them be-
fore ; that they can now establish in them-
selves precedents and principles which were
neither set up nor sanctioned at the revolu-
tion. Bui even if they did, such is the na-
ture of the regal prerogative as now limited
and bounded, that the wheels of government
must cease to revolve, and the whole ma-
chine of legislation cease to operate, until
such a claim should be finally set to rest,
either by the positive refusal of the Crown to
sanction it. or the united voice of the legisla-
ture admitting and confirming it. lu short,
4

56

matters must remaia as t4:iey«are, until alter
etl by the consent of ctll the constituent parts
of the legislature. It is not the individual
pretensions of the Crown or of the Cora-
mons than can alter the constitution. They
may and they have at times destroyed it,
each in their turn ; but it is impossible that
they can eiiher amend or remodel it with-
out the consenting voice of the whole.

As to the right of the Crown to exert a
rogal faculty wliich has lain dormant for
years l)ecause no corresponding event lias
occurred to demand its exercise, nothing can
be more absurd than to deny the actual ex-
istence of such a faculty and power. There
is a very material diiierence between a state
of torpidity and activity ; but surely that
fool does not live who will say, that a torpid
animal has ceased to exist because it has
ceased to move— tliat it has ceased to feel
because its pulse can scarcely be felt, or be-
cause the heaviugs of its bosom are not visi-
ble. Approach it in its lair ; watch it nar-
rowly and minutely, and you will easily dis-
cover all rJie symptoms of existence. Probe
it, and it may awaken and turn upon you,
and, if strong enough, perhaps overwhelm
you. It was once attempted to be proved by
the emissaries of despotism, that because a
parliament had not been summoned for ten
or a dozen of years, the right to do so had
been lost by the Crown. Shortly afterwards
this whim, for it war nothing else, went en-
tirely out of fashion, and one directly the
reverse came into vogue, uaniely, that par-

0/

iiament ouce assembled could sit as long as It
]»lcased. Tlie consequence was that anar-
chy ensued ; and there v.'as neither peace,
justice nor liberty in the land until the
proper authorities agreed among themselves
upon certain rules and principles which
should for the future guide them in the ad-
ministration of public affairs. It was not
stipulated that, if any of these rules should
fall into disuse it should immediately become
obsolete and of no effect, but on the contrary
declared that they should forever continue in.
force as the law of the land until altered hy
the undivided consent of the same national
authority. Let us not therefore suppose, that
because the King has not since the revolu-
tion refused to confirm the Speaker nomi-
nated by the Commons, his right to do so
has ceased. No doctrine could he more dan-
gerous ; no doctrine could be more futal to
the mutual rights of Sovereign and people ;
for there are rights and j)rivileges on both
sides which have not been enforced for up-
wards of a century, and these we could ea-
sily enumerate were they not too obvious to
be heyoud the view of the most careless look-
er-on. Thereis one, howover, which is so
much in point that v.e cannot forbear allud-
ing to it. It is a standing rule of the House
of Commons, that no report can be published
of its proceedings without a breach of its pri-
vileges ; and with the exception of one re-
markable instance not many years ago, we
do not reracmher the enforcement of this
rule for upwards of half a century. Now,

58

IV ill auy one say, that the right lo cxerciso
this privilege is not now as stioutily iiuplaut-
etl iu lUv Coimuons as it was the da\ at'tor
ilseuaclmeui .' ThoKighi Houoiahle iSpeak-
er ^voiilii look rather surly uuil imligiiant
nveic you to tell him anythiug to the con-
trary, ami perhaps desire the Sergeaui at
;unis to take you iui« cusJlody. howtver
luueh he might he ineliued, to ilisseniuate
useful p«)liiieal iutorniatiou auil niauly l^riiish
eloqweiiee : The Speaker therefore ami the
juati«)U .It lar^e must panloii us, if we expect
the same eoneessions from them with je-
siH 1 1 to that hraneh of the prerogative of the
Crowo whieli preserves, though uot exer-
cised a negative upou the Speaker of the
Commons.

This iMings us down to the cousidorntiou of
the preri>- ^tive aud privileges inherent hy
miah gy in our provineial coustiiution rtmi
their application ; hiii this we must postpone
til] auother opportunity.

Xo. IV.

HwiNG thn?, bv reasouablo argumeuls
and iuevitable dcauction, cstabliaicd tbo
importaut truth, that, by the coustmitiou ot
the mother country, uo branch ot the royal
provoj^atlve is established on a firiuer basis
than That which aUows a negative in the ap-
pointment of Speaker of the House ot Com-
mons, we now proceed to trace the analogy
which subsists, or. at least, oug^ht to subsist,
in the tree constitution of this Province, in
common with all our other colonial posses-
sions, whether what has been termed pro-
vincial establishments, proprietary govern-
ments, or charter governments.

No one need be told the general form of
liovernment established throughout the Bri-
nsh Colonies. It is in all of them borro^^ed
from that of Great Britain. It is impossible
that it should be otherwise : for all the power
that exists among them, either judicial or
legislative, is bestowed upon them by the
kTuj; and Parliament, whose prerogatives
nnd Privileges they may indeed imitate, biu
cannot overstep, as declared by the statute 7
and 8 William III. c. "2-:!. and, so far as re-
gards this Province, by the second section of
The constitutional act of 1791. But Avhatever
inav be said of the want of prosptctiit' pru-
dence and policy which gharacieriied the
4*

GO

extensioD of a free representative goveiii-
jr.ent to this Province, in none of the Colonics
have the general outlines and most pronii-
iieut features of the British Constitution heea
so closely imitated as in the Canadas. V\ hat-
ever powers and prerogatives are enjoyed by
the King in ihe metropolitan state, he pos-
sesses in this Province ; and he is as much
King of O.nada as he is of Great Britain and
Ireland. He can come into the Province
whenever he pleases, and exercise all tho
sovereign functions lielouging to tlse Imperial
Crown, civil and military, as well as eccle-
siastical, lie may summon and convoke,"
prorogue and dissolve, the Provincial Parlia-
ment at pleasure. He can reject such Le-
gislative provisions as he judges improper to
be passed, lie can delegate iiis judicial pow-
ers to whomsoever he pleases ; and appoint
such civil and military ofliccrs as he may
think proper. He may confer such honours
am! digujties as he may deem advisable. Ho
may pardon what oflooces he pleases ; and,
in a word, may, as already said, exercise all
the sovereign povve:s of Constitutional King
of the British Empire. Nay, more, he can
appoint whomsoever he pleases to perform
all these regal functions, as fully and freely
as he could do himself; and tlierefore,
though not personally present, ought always
to be considered as tlie spring and regulator
of every royal transaction. Su<;h arc the
rights, powers, and prerogatives of Ilis Ma-
jesty in this Province. ^

"^Vith respect to the other branches of our

61

Legislative Governraent— the Legislative
Council onil the House of Asseaibly— their
powers are couiined b)' the Constitution to
giving advice and consent to His Majesty in
making " Laics for the peace, welfare, and
good goveniment,'' of the Province ; sucli4aws
not being repugnant to that act, or the Con-
stitution of the Mother Country. If, how-
ever, in the performance of these express de-
clarator\- powers, the two lower branches of
the Provincial Legishiture found it necessary,
for the maintenance of their dignity anJ au-
thority, to imitate the proceedings and as-
sume the privileges of the corresponding
branches of the su|>reme Imperial Legisla-
ture, that could only be done by following
the same plan wihch had been immemorial-
ly adopted by ihc object of their imitation.
We have already' seen what that plan is. All
their privileges with the exception of those
claimed and maintained by the Bill of
Rights, are only obtained by humble verbal
pe'ijionto the throne, without which proce-
dure they can neither be assumed nor exer-
cised ; for no power is self-existent by our
constitution except that of the Crown. Ac-
cordingly, when the Legislature of this Pro-
vince was organized, in virtue of the powers
conferred by the constitutional act, both
Houses, but the House of Assembly in parti-
cular, proceeded without hesitation or delay
to considor the best means of securing to
themselves the rights and privileges enjoyed
by the Parliament of England. In so doing

they had the good sense to perceive, that, aa

4**

62

the CoiiJlltution had boon entirely silent in
rel:itu)n to such matters, their views coiihl on-
Iv he accomphshed by tVdh)\ving throughout
the example laid down in the mother coun-
try ; and to assume bnvi manu any privi-
Ie;^es resembling those of the Commons,
without being legally conferred and confirm-
ed, would be usur|)ing at once an authority
which the constitiiiou could not possibly re-
cognise or sanction. The deliberations and
proceedings of the Lej^islaturc, with respect
to the Speakcrof the House of Assenibly, in
tlie first session of the first J*roviucial Parlia-
luent, is worthy of being noted, both as mat-
ler of iiiteresting historical detail, and as the
best criterion by which the extraordinary pro-
positions laiil down in the resolutions of Mr.
Cnvillier can be canvassed and ju<lged of.
" Que!)cc, Mondaif, the l/thl)ec. 1702.

" Shortiy -after, u Alessage was delivered
byRlr. William Bouthillior, (Jontlemau Usher
of the Black Kod, viz.
" Gcutttmen,

" The Lieutenant Governor commands this
Honorable House to attend His Excellency \
imme<liately in theLegislativel'ouucil house."

Accordingly, the House went up to attenil
His Excellency in the Legislative Council
House, where he was pleaseil to deliver tho
following speech.

" G<:ntlemtn of the House of Assembli/,

" Parliamentary usage, aud the proper
conduct of the business yon are about to un-
dertake, making it necessary thai you shouhl
linvc a Speaker, it is my pleasure that you

return to your House, and make choice of a
lit persou to fill tliat oftice, who you will
preseut for my ArrnocATioN ou Thursday
next at twelve of the clock, when I shall de-
clare the cause of couveuiu;; this Assetiihly."
" Tuesday, 2Ulh Ucceniber, 1792.

•' Mr. Speaker elect having taken thd
chair, proposed as questions to the House,
and on which he wished to take advice of
tiie House, (to w it :)

" That the Speaker being presented at the
Bar, lie should say, (among othor observa-
tions.)

" IVly incapacity being as evident as my
zeal is ardent, to see that so >inportaut a duty
as that of the first Speaker of ih'6 ConVniou^
House of Assembly of tfio Kcpresentatives
of Lower Canada bo fulfilled, I most respect-
fully implore the excuse and command of
your Ivxcelltncy, in the name of our So-
vereign Lord the Kinj;."

IF TUE ELECTION OF SPEAKER IS APPROV-

ro OF, he may say,

*' I most humbly claim, in the name of the
samo Assembly, the freedom of Speech, ancf
generally, all the like privileges and liber-
ties as are eujoycd by the Commons of Urcat
Britain our moiher couulry;" ^Jvc. &c.

In conformity with these claims, sanction-
ed by the Governor in the name and belialf
of His .Majesty, and the factual exercise of
9-ome of them during the next session of the
rroviucial Pariiameu:. the House of Assem-
bly resolved, *• That in all unprovided cases,
resort sJuiU ke had to the rules, usages, and

(J4

forms of the Parliament of Great Britain,
which .shall be followed witil the House shall
think ft to makt a rule or rules applicable to
such.improvided cases.'" AdcI according;!?, avc
i'ncl, that ever since the commelbcemeiit of
the coustitution, both the prerogatives of the
Crown and the privileges of Parliament have
been maintained and exercised in tliis Pro-
vince on the same footing that they are es-
tablished in the mother country, till the
House of Assembly, in the last session,
thought it .proper to deny the prerogative at
the same time that they persisted in tlie exer-
cise of their own privileges; thus annihilating
rights and powers wliich, if permitted to ex-
ist at all, can only bo exercised mutually and
reciprocally. IJut it is time to advert to
■what jMr. Cuvillier and the other gens
TOGATA of the Assembly say upon the sub-
ject. We shall take up their Kesoluiions
seriatim ; and their first decree runs thus :

" Resolved, 1. That it is necessary for the
discharge of the duties imposed upon this ouse^
viz. to give its advice to His Majesty in the
mactment ofknvsfor the [Jtace, ivelfare, and
good goi'emment of the Province, conformably
to the Act of the British Parliament, under
which it is constituted and assembled, thoi its
Speaker be a person of its free choice, indepen-
dently of the will and pleasure of the r. rsou
entrusted by His Majerty, with the adniinis-
tralion of the local government for the time
being.''

We scorn to comment on the disrespect-
ful terms iu which this resolution is express-

C»5

ctl. Those nlio can treat the reprcsentativo
ofhis Hr'.taimiok Majesty in tijis Province as
a"rEns!i)>,* without title or digiiiiy, arc
themselves unlit to be treated like gcWtle-
men; far less like wisd*antl prudent lejj,isla-^
tors, sincerely desirous of their country's
welfare hy those salutary means p)-escribed
by liie constitution. No wonder if men un-
acquainted with the ordinary rules of decen-
cy and good manners, shoukl also he stran-
gers to the maxims of the British constitu-
tion. But if it bo true, ns It is here for the
first time asserted, tliathi?. iMajesty's repre-
sentative, or rather ilsc Kinj; himself, v hoso
prerogatives are now called in question, has
no voice in ihe constitutional appointment of
the Speaker of the House of Assembly, the
choice of whom is independent of the " will
anil pleasure'' of the Crown, then it is equal-
ly true, that every House of Assembly, from
the first w hich met on the 17th of December,
1792. till that notable one which met on the
'20th Nov. 1S27, has been unfaithful to its
ilulies as representatives of the people, and
compromised its own rights and privileges iu
manner most disgraceful to any branch of
constitutional Legislature. If the priuci-
] 'is laid down in the foregoing resolution be
w\.il founded, the various Houses of Assem-
bly »f this Province have not acted like men
of honor, worth, and independence, but like
cra\;jn hearted cow ards an<l traitors. They
have. f»ue and all of them, betrayed their
trust, vd, imlikf true l^rituns, become the
passivw slaves and minions of a power whicli

60

held no controul over them, and of wliose
" will and pleasure,'' so far at least as re-
garded ilie choice of Speaker, they were en-
tirety free and independent. But it is the
particular good fortune of tliis Province as of
mankind in general, that knowledge is pro-
gressive, and that though the clouds of bar-
harous ignorance have hung long, dense, and
heavily, over our forefathers, the sun of the
British constitution has at last penetrated
through the intellectual gloom, and swept
fronn the atmosphere every vestige of our
pristine obscurity. The first short session of
the thirteenth Provincial Parliament ^vill
form as memorable an era in constitutional
as the discovery of the new world did in
civil -history ; and the resolutions now under
consideration will forever be the Magna
CnARTA of Canadian privileges. As for Mr.
Cuvillier and his coadjutors, theirs will be
the high and enviable distinction of having
consigned to eternal oblivion the constitu-
tional ignorance and stupidity of all iheir
predecessors, and of pronouncing over it one
of the finest specimens of funereal orations
that ever was uttered in the world. This
being the case, it only remains to lament the
folly and ignorance of all preceding Houses
of Assembly, especially the first, for having
so far compromised their rights as to receive
their privileges, but in particular their Spea-
ker, from the hands of another, when there
existed sufficient authority in themselves to
assu.iie and maintain them. AVhy, when
desired to present their Speaker for His

cr

JNlA.TESTr's APPROBATION, (.11(1 UOt the fllSt

House of Assembly tell the " Person ' then
" entrusted l>y His Majesty with the admini-
stration of the local government," that its
S|)eaker was a person of its own free choice
^' Indepaidi^ntly'' of his " will and plea-
sure?" Why did they not then anticipate
the glories of 18*37/ But why, Oh ! why
did they hint in their deliberations at tbo
bare possibility of the rejcclion of their Sj)ca-
ker by recording those ominous words, " IF
the election of the speaker is appro-
ved OF ?" Why, moreover, when that ap-
proval h.jppily took place, did the Speaker
" Mo.^thuiiihlj/ claim in the name of the same
Asstmhlji, the freedom of speech, and geiie-
ral y all the like privileges and liberties as are
er>jot/ed hy the Commons of Great Dntain, our
mother country?'^ Why did all the succee-
ding Assemblies follow the same course ?
Why, if tlicir general privileges and the e-
lection of their Speaker existed in their own
right " Independent if of iho Crown, did
they thus become a party and the chief actors
in a mere theatrical pantomime that could
only entail disgrace upon theii- proceedings,
■and load their own memories with the con-
tempt of future ages ? But, to the praise and
honor of the Jirsf House of Assembly, be it
seriously spoken, they understood the con-
stitution which brought them together, and
its relation to its Imperial model, as well, if
not much better, than any Assembly by
whom they have been succeeded. Finding
that the Constitutional Act contained uopro-

vision with regard to the rights, privileges,
imrj. unities, and usages, necessary in the
preservation oftiie dignity and authority of a
free representative Parliament, but rather
that these were permitted to spring up as a
concomitant plant of the new Constitution,
as they had before done in the mother coun-
try, they nurtured it with the greatest possi-
ble care and attention, and procured shelter
for it where alone they could find it — in the
ivide-spreading branches of constitutional
prerogative. They did not imagine, like
our modern theorists, that, as a matter af
course, all these privileges were inherent in
themselves without the sanction of higher
authority, or that they could innovate at
pleasure the forms and proceedings so long
practiced in the mother country. The en-
joyment of the right was enough for them,
without the dang:erous power of destroying
it in whole or in part. They were happy to
embrace it as they found it, and to exercise
it as had been done to such advantage be-
fore thetii. In particular, they looked upon
their Speaker as an officer of the Crown as
well as their Chairman ', deriving considera-
ble emoluments, dignity, and honour, from
the Crown ; and, therefore, as much in the
choice ard approbation of the Crown as in
their own. At all events they sought his
confirmation from the Crown, and received
it; and, if we may judge from their temper
and talents, as well as their proceedings,
would have admitted his rejection as aright
which they had neither the incliDatioa nor

69

the power to controvert. Their successors
must be jud};ecl by the same rule; autl it is
equally to the hoaour and the disgrace of the
Proviuce, that it is almost ihe same iodivi-
dunls who have denied ttie just preroj^atives
of the Crown, and, by their general uucoq-
stitutioual conduct, plunged a liappy and
loyal people in troubles which their children's
children may not live to see appeased.

Resolved, 2. That Louis Joseph PapineaUy
Esq. one of the Members of this House, ivho
has Served as Speaker in six successive Parlia-
ments, has been duly chosen by this House to
be its Speaker in (he present Parliament.

Our only object in extracting this resolu-
tion is to introduce Mr. Papineau as one who
not long ago thought diflerently than him-
self and his colleagues do on the present oc-
casion with respect to tDc legal election of
Speaker, and to prove that the boasted ex-
perience of " six successive Parliaments'*
has failed to mature liis judgement on one
subject at least. All Canada remembers the
proposal made in the Imperial Parliament to
unite the Provinces of Upper and Lower
Canada, and the stir which the intelligence
created in this country, as well among those
who were favorable as unfavorable to what,
we must not conceal was at that time, but is
still more so notv, a most desirable measure.
It may also be remembered, that Mr. Papi-
ueau, being a noted orator and Statesman,
was one of the delegates whom the anti-
union fraternity sent to England to plead for
filiem. The Provincial Parliament beipg a^

70

bout to meet in the meaa time, it became
necessary for him to intimate his absence
from the Speaker's chair. This he did by
adih-essing a letter to the Clerk of the House
of Assembly, in which, contrary to all usage
and precedent, he took occasion to express
his sentiments on tivo topics which, in all
probability, will be equally memorable iu
this Province. The one related to the coq-
templated union, and the other had refer-
ence to the appointment of Speaker of the
House of Assembly. The first of these not
being under discussion at present, all wo
deem it necessary to say is, ti'athadife been
the" PERSON entrusted by His Vlajesty with
the administration of the local government,"
the man who had so unnecessarily libelled
the Imperial Government and Parliament,
should never afterwards be allowed to place
himself in the Speaker's Chair. As to the
second point, we shall extract Mr. Papineau's
own words; and think they will not only
speak but cry aloud for themselves : — " It is
not, tkere/ore, to avoid fulfllitig the duties of
that honorahle station ivith which it lias pleased
his Excellency the Govenior-in-Cliii^ and the
House of Aysemhhj to honor me, and in the ex-
ercise o f" which theii constant kindness has s p-
plied mi/ insujjicienci/, that I absent myself,^*
&c. &c.* If, we will simply ask, His Ex-
ce lency the Governor-in-chiefhnt], in 1823, a
co-e^-'lent or co-equal voice in the noinina-

* Viile Journals of the House of Assengi-
bly for 1823.

71

lion of Speaker of the House of Assembly,
as here admitted by Mr. Papineau lumselt,
bv what authority— 111 vh-tue ol wuat law
has his right and prerogative been lost m
1827 ? How can the Speaker of IbJ./, to use
the words of the resolution, be " did ij chosen
without the approbation of the Governor, ^yhlch
is asserted to be a mere piece ot tawdry f()rm,
if that approbation \Yas necessary in l^-<^ ;
or if the Speaker had kvf.r been appointed
by the united voices of the Governor and As-
sembly 1 The inconsistency of some men ib
astonishing ! ^ , i-, •,• i.

'' Resolveih 3- That the Act of the British
ParUament under which the House is consti-
tuted and assembled, docs not require the ap-
proval of such person so chosen as Speaker, by
the person administering the Government oj
this Province in the name of His Mojcstij.''

This we hold to be the most important re-
solution of the whole series, because it ap-
peals to the highest and last resort. '* Hast
ihou appealed unto Cffisar ? Unto Casnr
shall thou go." It is very true that the Act
nftl'.e British PailiaineuL under which the
House is constituted and assembled, does
not REQUIRE the approval of such person so
chosen as Speaker; but does it deny the
light of such approval ? If not, the propo-
sition is null and void ; and the House of
Assembly, in demanding the approbation of
the Governor, acknowledge the right of rc-
jection as well as approval. They afllrm
'the former to be uncoustitutiooal : if so, we
ailirm the presentation for approval to be

4'4.

equally so ; and moreover, that every time
the House of Assembly have exercised what
they term their liberties and privileges, they
have acted unconstitutionally, and without
the authority of a siugle section, clause, ex-
pression, or word, in *' the Act of the British
Parliament under which the House is con-
stituted and assembled." Whence, then,
the authority of those Parliamentary rights
and privileges which the House of Assembly
has daily exercised since the commencement
of the constitution, and ofwh«ch they seem
so singularly tenacious/ For our own part
wo can discover none, except the inherent
powers and prerogatives of the Crown. —
Here they are asked and here they are con-
ferred. Yetthe Assembly deny to the Crown,
iht source of all their own privileges, the cor-
responding prerogatives ; without thcjenjoy-
ment of which the Crown would want that
constitutional check and balance which are
so necessary to controul the undue exercise
of these privileges. The Assembly, like
hungry mendicants, are ready to receive all
the privileges that they can possibly exercise;
but when you tell them that a corresponding
prerogative has been kept in reserve, they
suddenly turn upon you, and answer, *' such
things must not be ; we indeed are entitled
to our privileges, notwithstanding the con-
stitution is silent on the subject; but the
Crown cannot lawfully retain or exercise
any prerogative, especially the negative in
the choice of our Speaker ; for " the Act of
the British Parliament under which the

73

House is constiiuted and assembled, does
j20t require it !" No, as already observed,
it does not require it; but at the same time
that it does not deny it, does it require that
the House of Assembly, who are but a branch
of an inferior and subordmate legislature,
should possess all the privileges of the Su-
preme Legislature ? No, it does not. The
King can exercise his lawful prerogatives in
any part of the Empire and so may the com-
mons their privileges; But when the King
chooses by himself or by commission to ex-
ercise these prerogatives in Canada, where
Is the power that can controul him ? If tho
commons of England hav# not the jurisdic-
tion, surely the commons of Lower Canada
cannot pretend to it. The King and Parlia-
ment is the only power on earth that caa
limit and restrict the royal prerogatives. Not
having done so in Canada, whether they re-
late to the Speaker or to any other question,
they may and ought to be exercised when-
ever occasion may require it. Seeiuji that
no privileges whatever are conferred on the
House of Assembly by the Constitutional
Act; and that consequently all the privileges
that they enjoy are derived from the Crown,
•would they annihilate every prerogative ex-
cept that which confers these privilege*?—
Yet this is what in practice they have at-
tempted to do. Never did this or any other
country witness so parricidious an act of po-
licy. No mind but a frantic one could en-
tertain ; no arm but that of a democrjtt
rnnid strike the blow.
5

74

Wo Iiave said lliat the House of Assenibiy
h;iv0 on various occ:isions exercised privi-
leges similar to those enjoyed imniemoriably
by the Commons of England : and we have
seen that such privileges Iiave not been de-
rived from the constitutional act, but from
the CrovvQ, which alono had the rij;;ht of
giving them away in the absence of all legis-
lative enactments. If wo can prove iliis, wo
can on very just grounds and with a very
bold countenance ask, how dare the assera-
])ly apply a rule to the prcrogaiivo of the
Crown Avhich they rcuI.^c to adopt with re-
spect to their own privileges ? During the
second session of the first parliament a mem-
ber of the house having been arrested for
debt on the eve of embarkation for Europe,
complained of a breach of privilege in a let-
ter to the Speaker, who, strange to say, was
himself the professional man who had sued out
iho writ. The terras of the complaint are so re-
markably applicable to the general strain of
our argument, that "we cannot help usiug its
own words, which arc, "That on opening
the viusT session, ho (the Speaker) in tho
iiarao of the house, liad claimed such privi-
leges and liberties as are enjoyed by the com-
mons of Great Britain, and the Lieutenant
GovERNOK, in his answer, had recognized
the enjoyment of all just rights and privi-
leges." It was voted, " that the member
hud been arrested in direct violation cfthe
rights and privileges of the house ; and tlsat
tho Speaker, as the Attorney, the creditor
and the Sherill "wero sevcially guilty of a

. ; each of privilege ;" aud these persons
apologised accordiogly at the bar. During
the second and third parliaments Charles
Baptiste 13ouc v.'as twice expelled by a vote
of the House of Assonibly in consequence of
beiag convicted of a conspiracy to defraud
one of His Majesty's subjects of various sums
of money ; Avhich, beiug a great stretch of
privilege, could not be carried into cilect
without the sanction of an act of the legisla-
ture, nhich was accordingly introduced and
passed. In the secord session of the fourth
parliament, a Montreal newspaper having
jiublishcd some toasts given at a public din-
ner at that place, reflecting on a party in the
Assembly, the chairman of tho dinner iiud
the printer of the paper were voted guilty of
a high breach of the privileges of the House,
and ordered to be taken into custody. In tho
same session, it was resolved, '• That Tho-
mas Carey, Editor of the newspaper entitled
' The Quebec 3Iercury,' for undertaking in
his paper of yesterday, to give an account
of the proceedings of this house, to be takeu
into custody of the sergeant at arms attending
this house.'' On the t20th February, 1808, it
was resolved, '• That Ezekiel Hart, Esquire,
professing the Jewish religion, cannot tako
a scat nor vote in this house." In the samo
session it was also resolved, " That to send
for a member of that liouse, when in his place,
attendant on tho duties thereof, aud on his
withdrawing in consequence into an apart-
ment thereof, or appendage thereto apper-
taining, to servo upou hiiu a sammous, or

76

other civii process, is a breach of the pri\i
leges of this house," and " That John John-
son, a Baihfl' for the Court of King's Bench,
for such breach of the privileges of this house,
be taken into custody by the sergeant at
arms, and that Mr. Speaker do issue his
warrant accordingly." The fith provincial
parliament was dissolved in consequence of
the Assembly having attempted, by a mere
vote, to disfrauo4iise certain classes of His
Majesty's subjects. " The House of Assem-
bly," said Sir J. H. Craig, in dissolving thp
sixth Provincial Parliament, " the House of
Assembly has taken upon themselves with-
out tiie participation of the other branches of
the Legislature, to pass a vote that a Judge
of His Majesty's Court of King's Bench,
cannot sit nor vote in their House." la
1812-13, the Assembly commanded the at-
tendance at their l>ar of the Otficors of the
Legislative Council, without leave being pre-
viously asked for the purpose. In 1814, the
Governor in Chief, Sir George Prevost,
having thought it inexpedient " to suspend
the Chief Justice of the Provin< e and
the Chiet Justice of the District of Montreal,
fro'H their offices, upon an address to that
efleet from one branch of the Legislature
alone, founded on articles of accusation on
which the Legislative Council had not been
consulted, and in which they had not con-
curred," the House resolved, " That His
Excellency the Governor in Chief, by his
said answer to the address of this House, has
violated the cou'^tiiulional rights and privil-
eges of this House." To conclude, in 1826,

the printers aud publisliers of tho Canadiaft
Times were voted {guilty of a breach of tlio
privileges of the House, and ordered to bo
taken into custody for merely saying that the
composition of the majority of the House was8
anti- British ; a term than which nothing
could be more applicable.

Now, without going into further particu-
lars, what can be more inconsistent, perverse
and factious, than the late attempt ti» deny-
to the Crown tho exercise of one of those
just and lawful prerogatives which is almost
annually practised in tho mother country,
and which has also been practised in this
Province ever since the commencement of
the constitution, while such extensive rights
and privileges have been claim'Hl and exer-
cised by the Assembly itself ? Is not this
setting up for law the sole dictum of the
House of ssembly ; and telling the King,
" Sire, you must not, and cannot, by the con-
stitution, exercise in this Province any branch
of the prerogatives enjoyed in the mother
country, except conferring upon us our
usual privileges ; which privileges we may
and tan enjoy, even to the denial of your
Majesty's authority, whenever we think it
proper !" If such an act is not a direct at-
tempt on the part of the Assembly to destroy
the just balance of the constitution, we know
not what is ; and scarcely remember any
thing resembling it, except that memorable
vote of the Commons of England, in 1648
** that whatever is enacted or declared for
Jaw bv the Commons in Parliament aisem-

bled, hath the force of law ; and all the peo-
j)Ie of this uationare couchuled thereby, al-
though the cousent aud coucurreiice of the
Iviug or House of Peers be not had thereto."
To do themselves justice, aud be conbisient,
the House of Assembly ought to iiave cou-
liuued the parallel aud made it good. But,
l)oor maniacs I though t!iey had the audacity
to aiteinpt the destruction of the constitution,
they wanted the courage to carry their de-
sires into execution. Like most innovators,
it may bo presumed they entertained the am-
bition, but dared not adopt the means. That
wise saying of Cato becomes, therefore, very,
applicable : " Nae tu stultus homuncio cs,
qui malisveniam 'precari quain non peccare.

•• Resolved, 4. That the presenting of the
person so elected as Speaker to the King's re-
presentative for ajiproval, is founded on usage
onJi)^ and that such approval is, and hath al-
ivaijs been, a matter of course.'^

',' Resolved, 5. That this Hoiise doth per-
sist in its choice, and that the said Louis
Joseph Papineau, Esq. ought to he and is its
Speaker.'"

Our observations on the other Resolutions
having embraced these two last ones, it will
only be necessary to remark, that even if the
" approval is foundtd on usage onli/," the
right would be equally good, until the united
voice of Parliament bad declared otherwise.
But what is usage ^. Is it not the basis of
our whole system of government ? Is it not
the foundation of all our laws and all our
rights ? Is it not the palladium of the

79

British Parliament, and the corner stone of
our Courts of Justice 7 Whence the most
sacred pillar of the whole edifice — trial hy
Jury? Yet, t!je House of Assembly of Low-
er Canada, set their own will up in opposi-
tion to usage, and declare their own votes as
superior to the wisdom and practise of cen-
turies !*

We thusconclude our observations on the
pretensions of the House of Assembly in re-
gard to the appointment of their Speaker. —
We are aware that we have not done the
subject that justice which its impoitance
merits. But feeble as we are, we trust we
have said enough to convince every reasona-
ble man that truth and justice are on our
side, while nothing but folly and falsehood
characterize the other. We shall now turn
our attention to other topics of paramount
importance. That the country is in danger
need not be concealed : it would be childish.
It tiiereforc becomes every loyal subject to il&
all in his power to preserve unimpaired the
ancient rights and liberties of Hritons. We
are not indeed in open warfare with foreign
enemies ; but we are in rupture with a foe
equally dangerous, foreig^n laws, manners,
priuciples, and sentiments. If, in acting owr
part in this warfare, we should at any time
make use of energetick langunge, we entreat
those to wI;om it mny apply to believe that
we mean nothing pcrsonallj/ hostile. Person-
allilies we despise and abhor ; but should

f5ee Appendix No. IV.

m

p.ny iDclividual fall under our weapon \s\ica
brandished only in self-defence, tlie intruder,
and not us, can aloue be to blame. To con-
clude, we are not, like Mr. Papiueau and his
gang, warriors ad internecio ; but will lay
down our arms the moment the enemy leaves
our borders. In the mean lime, the inscrip-
tion of our banner is Pro Patria, and
blighted be the patriotism that does not a-
dopt and follow it.

«r

No. V.

To Louis Joseph Papincau, Esq.
SIR,

Seeiug that the most unwarrantable aud
unprecedeuted proceedings have attended
the opening of the present session of the Pro-
vincial Parliament,! cannot refrain, what-
ever may be the consequences to myself or
to others, from raising my voice, single and
feeble though it be, in reprobation — express
and fearless reprobation — of such proceed-
ings. It covers me with shame and confu-
sion, that a country like this, where the free-
dom and practice of the Jiritish Constitutioa
are enjoyed in their fullest extent,
shouM, ill the first place, by conduct which
has been on all liands declared unconstitu-
tional, subject itself to a state of anarchy,
and confusion almost witliout example in
Colonial history ; and, in the second place,
Yi'ith the view of retrieving what had been
so recklessly and thoughtlessly lost, expose
itself to such animadversions as are only ap-
plicable to deeds of corruption and breaches
of trust. How sincerely do I regret that
such language as this should ever have been
applicable to this portion of his Majesty's
dominions, fostered as it has been by every
civil and religious indulgence. Would to
God, in the words of that honest man and
fcravft soldier, sir james kempt, that *' an

82

vhllvion of all past jealousies and dissensions,^^
inny be the result of the present session of
the Provincial rarliament. But ho^vsver
much so great aud enviable a blessing is to
he desired by all, I will tIkis early most can-
didly declare, that I shall be tjje last nir.n in
the country who shall seek my end, or ac-
cept any boon that may have been obtained
through illegal or uucocstilutional means. I
blush lor my country : I blush for the good
people of this Province : lUitmore especially
do 1 blush for their Representatives, when
I reflect, that, in no Constitutional measure
that has ever engaged their attention, has
that wisdom or forethought been emj)loyed
T\ hich was necessary to carry it to a finally
hapyy issue. I blush for my country : I blush
for the good people of this Province ; But
more especially do 1 blush for their Represen-
tatives, when I reflect, that even when con-
trouled by constitutional authority, mellowed
by indulgence, or tempered by experience,
they have never been able to regain one
false step Avithout plunging deeper into an-
other. Finally, I blush for my country : 1
blush for the good people of this Province :
But more especially do I blHsh for their Re-
presentatives, when I reflect, that, at no
period of our bistery, have these charactcr-
isticks been more conspicuous than during
the proceedings attending the meeting of the
present Session of the Provincial Parliament.
To treat of those proceedings is the sole
object of this communication ; and as you,
Sir, have ever been, aud still are, the pivot

on which almost the whole mnchiuery ol our
late Legislative d'lTerences turn, 1 cannot
Conceive to whom I can more properly ad-
dress my observations than to yourself, un-
fortunately branded and distinguished as you
thus have been. In doing so, I do assure
you, that I shall have little to do either with
theory or theoretical deductions. I shall set
down nothing but simple and recorded facts ;
and whatever conclusions may be drawn
from them can only be attributed to the ne-
cessary consequences of such facts, and not
to the ingenuity or imagination of any indi-
vidual whatever. Shall I extend the right
hand of fellowship to the man who has in-
jured me, except, instead of grasping it vio-
lently from my side, or seizing it clandes-
tinely from behind my back, he beg it by
those forms instituted by society ? Is stolen
property to be stolen again in order to re-
store it to the owner ? Js it not rather to bo
recovered by the rules prescribed by law,
and by those alone ? By what rule is tra-
duced or tarnished honour to be retrieved .'
By traducing or tarnishing that of the tradu-
cer? By no means. But by the law of
honour alone, which, while it prescribes
forms to regain that which has been already
lost, in the most ample and satisfactory way,
will never sanction a 7i€iv breach upon the
rights of another, merely to gratify the pas-
sion or the revenge of the suirercr. " Let
all things be done in order,'^ was a notable
maxim of one of the greatest orators of au-
lifjuity. And, indeed, nothing can possibly

64

1)0 nunc fatal and ruinous to the rules niul
itisritulious, as well ol" j)rivjuo ns of puUlic
life — as wolJ of civil us of rtiij^ious bodies —
lliau nu nttompt to break throujili them with
inipuiiity, and the unmanly and indecent ns-
suiuptioii of power by undue and ille|^al
moans. JJut to the point.

No man can be ij^uorant of the circumstan-
ces wliicli atteuded ilie meeting and proro-
guing^-of tiio parliamout called for the dos-
pateli of business on the !20ih of November,
lS*i7. Of these, lu)wever, it becomes neces-''
sary for my pre!>o<it purpose to recapitulate
some ; and I gliaii do so very brierty. His
Majesty's Keprcscntative being seated on tho
throne, the lUack Rod was ordered to suiu-
inon tile House of Assend)ly iuto His Excel-
lency's presence. Tiiat body being come up,
they u'ero inforiuod, in the usual terms, that
His Excellency did not ihiidi it hi to <leclare
the cause of summoning this Parliament,
unfil there should he a i>iuaker of the Houi'e of
Assembli/.^^ Accordingly, the Assembly
were ordered to repair to their usual place
of sittings, and tliere to make choice of a
Speaker, and present him next day for the
npprobatioQ of His Excellency. This was
done ; and you Louis Joseph Papineau,
being presented as Speaker elect, and mak-
ing the usual and prescribed excuse, that ex-
cuse was sustained by the Speaker of the
Legisl.itive Council in the following words :

'• Mr. Papintau, and
Gtnilemcn of the As^'tinhli/,
** I am commanded by His Excellency tbt

85

< .overnor-iu-Cliicf to inform you, that His
i^xecllency doth not approve the clioico
^vb\('Ai the Assembly have made of a Speak-
er, and in His Tvlajc^'ty's name His Excellen-
cy doth accordingly now disallow and dis-
charge the said choice.

" And ii is His Excellency's pleasure that
you, Gentlemen of the Assembly, do forth-
with AGAi>' V.F.PM11 to the place where the
sittings of tlio Assembly are usually held, and
there make choice of axotj/er person to bo
your Speaker — and that you present the per-
son who shall be so chosen to His Excellency
in this House on Friday next at two o'clock,
for his approbation."

But this corjnraand, which was the last
command of Hia Majesty to the House of
Assembly until the appearance of the Black
Rod on the. 21st inst. was disobeyed. In-
^ stead of proceeding to the election of" aiso-
THEPv PERSON," you, Sir, and the majority of
the Assembly, proceeded to declare the
FIRST election legal ; and the following me-
morable Resolutionrj are the Decree by which
you pronounced it legal :

" Resolved, 1. That it is necessary for the
discharge of the duties imposed upon this house,
viz. to give its advice to His Majesty, in the
enactment of laws for the peace, iveffare and
good government of the Province, conformahiy
to the Act of the British Parliament, under
which it is constituted and assembled, that its
Speaker he a person of its free choice, indepen-
dently of the will and pleasure of the person en-
trusttd by His Majesty with the administra-

8G

lion of the local g-overnment for the time
being.

*' '2. That Louis Joseph Papineau, Esq.
ontof the Mtinhers of Ihis House, who has
sirvt d as Speaker in sir successive Parliaments,
has been dull/ chosen bif this House to be its
Speaker in tht present Parliament.

" 3. That the Act of the British Parlia-
inent, under ichich this house is constituted
and assembled, does not require the approval of
such pei.<!on so C'losen as Speaker by the p rson,^
administering th> government of this Province
in the name of His Majesti/.

'* 4. That the presenting of the person so
elected as Speaker, to the lving\s Representa-
tive for opproral is founded n usage o/j/j/, and
that such approval is and hath alwatjs been a
matter of course.

*' 5. That this house doth persist in its
choice, and that the said Louis Joseph Papi-
ncau, Esq. ought to be and is the Speaker. ^^

J will abstain from any remarks upon
these Kesoluiiotis, because I liave already
proved tliat tliey nero violent, illegal, and
iincoustitutioual, in the highest degree. I
only rehearse them to enable me to prove in
fewer words and iu clearer terms than I
couM otherwise have done, these two im-
portaut propositions : 1st That the commands
of His iNlajesiy to elect " another person,"
different, m all respects, from you, were not
obeyed, contrary to your statement to the
pi'esent Governor on theSlst iust. and, 9dly,
That the honour and integrity of the llouso
of Assembly, of w^hichyou are now Speakor,

87

have been compromised ; their faith broken,
and their Journals falsified !

I. When, in ohedioricfj to the commaodi}
of His [present] Kxcellency, you nud the
House of Asseifibly weul up to the Legisla-
tive Council Chamher, it was there intima-
ted to you, that His Excellency did not see
fit to declare the causes for which he had
Burnmoned that Provincial Parliament, until
thero should he a Speaker " duly elected and
approved.'' Your reply, sir, is no less ex-
traordinary now than it will he memorable
hereafter: —

" May it pltase Your ExccAkncy,

"In obedience to His JMnjesty's (/om-
manda, the House of Assembly has procee-
ded to the election of a Speaker, and 1 am
the person upon whomc their choice has
fallen. I respectfully vray that it may
please your [Oxcelleucy to give your appro-
bation to their choice !"

Here you say, sir, that it was " in ohedi-
once to His Majesty's commands" the House
proceeded to the election of a Speaker, and
that their choice had fallen upon you. I
respect your station very much, sir, hut I
respect the honour of my countiy, an<l the
rights of the people still more. I regret,
therefore, to he under the necessity of con-
tradicting you in the plainest and flattest
terms. I say, that in obedience to His Ma-
jesty's commands — the /«3? comman^ls which
you received previous to the present fuecTing
of Pfjrliament — you dio not, in the ttrms of
these commands, and in obedience to them.

b3

" agaiu repair to tlie place whore the sitiings
of the Assembly are usually held, and there
make choice of another person to be Speak-
er ;" your election, Mr. Papincau, having
been disapproved of in these words " / am
commanded by His ExccUencij the Gove.r7ior in
Chief to inform you that His Excellency doth
not approve the choice ivhich the Assembly
have made of a Speaker- mic? in His Majesty's
name, His Excellency doth accordingly now
disallow ana discharge </ie said choice.''^ On
the contrary, you passed the Resolutions
above recited, and the liouse " persisted in
its choice'' of you as Speaker !

Sir, tliese are brief, but most damning faclsl
and the country calls aloud on you to gain-
say them, if you can. They not only con-
vict you, now' a public officer of the state and
of the Government, of having, at the meeting
of the present session, gone up to the pre-
sence of your Sovereign's Representative with
a most false and erroneous statement in your
mouth ; but stamp the House of Assembly
itself with a character neither enviable iu
itself, nor suitable to the honour and respec-
tability of the Province.

2. I come now to consider with equal
brevity my second proposition, namely, That
the honour and dignity of the House of Assem-
bly, of which you are now Speaker, have been
compromised ; their faith broken, and their
Journals falsified.

After stating, in the words which I have
already recited, that the choice of the Assem-
byl had fallen , upon you, " yon respectfidly

89

'[jray, that it might please His Excellency in
give hi'i approbatio7i to their choice /" When
you frayed after this form and manner, did
it ever occur to you that you ^vere establish-
ing a formulary for the perpetual damnation
of the Resolutions of 1827; consecrated by a
great majority of votes in the Assembly, and
already carefully deposited in the archives of
the Provincial Parliament ? Whejlher it did
or did not, th',is is a fact, that by such prayer
and proceedings in the face of these memo-
rable Resolutions, you have, not tacitly nor
constructively, but in reality, compromised
the honour and dignity of the Assembly ;
broken its faith, and falsified its Journals.
What now becomes of these famous Resolu-
tions, so clamorously called for, and so
eagerly voted ! What now becomes of the
vote, That for the discharge of the duties im-
posed upon the House, it was necessary that
its Speaker be a person of its free choice, in-
dependently of the will and pleasure of His
Majesty : That Louis Joseph Papineau had
been duly chosen as Speaker : That the act
of the British Parliament, under which the
Assembly was constituted, did not require
the ArmovAi. of the Speaker by His Majes-
ty or bis Representative : That the presen-
ting of the person elected as Speaker to the
King's Representative for approval, was
founded on usage only; and that such ap-
proval was, and had always been, a matter
of course ; and, That you, sir, ivithont such
approbation, ought to bo, and was Speaker ? •
What, I ask, sir, becomes of all this ? And,

90

niorbovrr, wlKitbocomos ofilic ** coinpet^ncif"
of tlu> House, as iw^a] l>y Mr Biatichtt,
Avitliiuit such npprobiitiou .' WIku uow bc-
coiuos of the " coir.inon vNY/ks'?*' of that Unumu'iI
giMUk>uian ; ami what lio liis ** sound .s»7K<f<?"
uiul his *' «»-()0(/ .<(;j.Nv" say to the uew liturgy
of the praYinji-to-he-approveil-of-Spouker ?
A\ hat has hoeonio of Sir. liounUiircs' " tles-
j'otch of yttblic bu.'^incss," Avhioh he attlrined
to he eoinpeteiu witheut tlie usual approvnl
of the Speaker.' l?ut. above all, >vhat has
becouie of Mr. I'allieres' *' ///e." Has it,
beou '•/<)?/( j7((/" or not ? for ho declared, in
his plact*. that he wouUl as seen lose his life
as foresio his priviU^j;es. These, sir, havo
tiow, indeed, become very iinportaut t|ues-
tiiuis for you and your friends in tiio Assem-
bly to ponder upon, and to answer, if you
">vill. Mif object will have been attained by
the mere recital of them ; because I am con-
viiu'Ovl. that every man of sense or discretion
■who peruses them, will unite his sulVrages
■with njine. and declare the whole ct»nduct
of yourself and the present Assembly on th©
subject o\' S}>eaker, no less a {;ross insult oa
the dijiuitv of the Crown, than a stiu;ma ou
the publick. character of the Pioviuce.

From what I have ;«()»' said, and I am not
at present iiisposed to touch upon any other
to]>ick, it appears perfectly eviileut. that you,
sir, and the beily which you lead, or, to speak,
more proptrlv, Avhich you serve, havo com-
pleti^lv abandoned Coustitntional principles
for interesteJ and tiuu -serving s\ stems;
these svstems like the Indim* Mhilo«:oi>l>»' •'•^'-

91

ifj^ neither foundation nor rule of action, ex*
cept the caprice, the passion an<J the heed-
less ambition of a few theorists and dema-
^o'^'HiH. You have entirely and for ever
forfeited your character as a legislative hody;
for yoii have not only broken faith with the
< ountry, hut trampled on your own Resolu-
tions, Can you he trusted for the future ?
Do you suppose you can always thus act I
Do you suppose you can thus perpetually g<»
on, drawing upon the approbation and con-
fidence of your constituents, and then, the
moment your object is accomplished, plot
and carry into execution some new measuris
of self-degradation — some new scheme for
involving the Province in party-feuds, and
yourselves into an exterminatory stale of
warfare with all the other public bodies of
the State. lielievo me, sirs, this game, ia
which there is neither chance nor fair-play
for all parties, will not last long. Your
constituents are far wiser, dexterous and
cleverer men than you give them credit for.
They will not always be unfortunate without
knowing the cause. They will not always
bo thwarted in the public measures which
you prescribe for their solicitation, and not
inrjuire both into your right to dictate to
them, and your prudence to guide thorn.
*' Experience teaches fools" says the pro-
verb ; and, with respect to this Province, it
now seems very likely, that the experience of
the past will ensure more wisdom for the
future. On the present subject — I meaa
that of Speaker and the co-relative prerogfc-

92

tive of the Crown—you screwed them up al-
most to a pitch of desperation, with the con-
fidence in which you addressed them of the
righteousness of your measures. To con-
vince them that it was impossible for you to
be wrong, you told them— and some of them
absolutely believed it — that in the last exer-
cise of the prerogative, the late Governor in
Chief was " mad!" But what Avill they say
when you inform them, that all you said, all
you did, and ail you preached on this sub-
ject wps to no purpose; and that instead of
following it out, and abidiug like men and
legislators to your " p^esolutioa^s" through
good and evil report, you totally abandoned
them in a manner too dastardly to be repea-
ted ; leaving their constitutional legality, as
well as merits and demerits, to be discussed
onlj' in the winter's evening Coteries of the
habitcnts ? Will ihey not, when they rightly
consider all this, be apt to say, that it was
you j-ourselves who were really " mad" and
not the King's Representative. And will
they not add, that, if you found yourselves in
reality to be wrong, it would have looked
much better, and sounded more constituti-
onally wise in the ears of every sensible man,
had you publicly and boldly repealed und
abrogated your celebrated Cuvillieran " Re-
solutioDs" admitted your error, and promis-
ed better for the future, instead of the craven
part you have acted ; shrinking from any
reference to your past conduct; and choo-
sing rather to slur and veil it over with an
egregious mis-statement than candidly de-

93

daring before God and your country that
yoa had abauJoned the claim which you
had set up to tne appointment of Speaker
without the approbation of the Crown. Not
only did you abandon, and for ever, the
point at issue ; but you patiently and meek-
ly submitted to an innovation (I will not say
an unjustifiable or unconstitutional one) of
the terms in which you are usually permitted
to elect your Speaker; the words " Until
there be a Speaker of the Assembly duly
elected and approved" being substituted for
the old expressions " Until there should be a
Speakerof the House of Assembly." You
are thus, your constituents will tell you,
when they next meet you, doubly chained—
voluutarll}^ chained by your oivn acts, as well
as constitutionally by the prerogative of the
Crown. This particular prerogative with
respect to the Speaker, they will naturally
add, you especially despised, disregarded
and contemned ; but we now see it rivetted
round your necks tighter, faster, stronger,
and heavier than ever. Can we longer en-
sure such treatment ? Can we endure to be
embroiled in feuds and quarrels respecting
our rights with our Sovereign and his Re-
presentatives merely to counterance you ia
your ambitious struggle for powers that do
not of right belong to either of us, and iheu
be told, as our only excuse and palliation,
that you were in error ! We shall be ou oui°
guard for the future ; and depend upon it,
Gentlemen Representatives, that when you
next quarrel with the powej-s of the State^

94

but especially with the King's lawful prero-
gative, you shall fiutl us neither by your side,
nor dragged on to our own destruction by
the chariot wheels of your mistaken and
ill-founded ambition. You have deceived
lis once more; but it shall be the last time.
JFe shall have no more Punic Houses of As-
sembly to rule over its ! «:•
Whilst thus discharging a most painful,
but important and necessary duty to ray
country, by exposing the delinquencies of
you, sir, and 3? our friends in the Assembly,
and a duty which I trust I shall never again
be called upon to perform, I cannot refraia
from expressing ray admiration of the man-
ner in which Sir James Kempt discharged his
duty to his King and country in opening the
present Session of Parliament. He has been
accused of compromising ; but this I posi-
tively deny. He could have no personal or
political objections to yon, sir, us Speaker.
Yon tokl him, that in obedience to His Majes-
ty^s commands the Assembly had proceeded
to the election of a Speaker, and that their
choice had fallen upon you. You prayed Jbr
his approbation. He took you at your word,
and he granted your request. It was not foi*
His Llxcellency to inquire whether you had
spokeu truth or falsehood. He fouud you
in the situation of every other Speaker at the
opening of Tarliament, with the prescribed
adilrems upon your lips ; and it was not for
him then and there — at the commencement
of a Sossion which I trust will ever prove
important to the interests of the Frovince--)'

'Jo

to read lectures either on moral philosophy
or consistency of public conduct. The
country is deeply indebted to His Excellen-
cy for having thus once more afforded ue aa
opportunity of putting the wisdom and pat-
riotism of our Representatives to the test :
and whatever may be the result— and let us
cherish the best hopes— our gratitude and
thanks to His Excellency will be equally un-
alloyed. I am Sir,

Yours, &c.

T. L. C. W.
29th Nov. 1828.

g«

No.M.

Meeting' ofllic Prorincial I\}ilHUncn( — Mts-
sa^^t' —iif^iolution^t — Declaration oj Indepen'
tttinee — ^•('.

ISotwiihstainliiit;- tlio irrrpiulnrity and brosicli
of ronstitiiiuinul iriist >vliicli wo liino uN
roaily |»t)iiUtnl out as olmractori/.in|;' tlio com-
nunioiMuont dI'iIio prostmt session of our l*ro-
vim'iiil I'arliatiuHit, wo <//</ lii>|>o, onco a sit-
ting; lia»I luHMi actually I'lVeotoil. that soiuo
lulvaiitajAO to tlio oor.utry ini^lit ullii\ia(eiy l)0
tlio iTsiilt ; at all ovoiits. wo llaitorod our-
scIyos \> itli tlio oxpootatioii, that soiuo pro-
{ii'oss uoultl liavo boon niado towards an ad-
justmont of thoso tlitVoroncos wliich liavo
so lonj; injmod tlio intorosts and dis^raood
tlio oliaiaotor of tlio rrovinoo. Indooil suoli
an issuo was not only to be expectod, but
alim»st confulontly rolioil u|)on, iVoni tlio
gruoious and coiioilialin^ inaunor of ilio
spoooli from tlio throne, which, above aud
boyoiid all thinjis. onjoinod *' An oblivit>n of
all past joaloiisios aiui dissensions. " Hut wo
hoped, ami lialtorod oiirsolvos in vain. \\'o
i>u^ht to have rocolloctoil; that lu) iljstompor
is so inveterate as uational Jealousy, party
prejudice, anil factious ambition : that noth-
ing; can tak^ a deeper aud firmer hold of the
heart antl t'le uiulorstaiulin^. than self-con-
veivcd pow*»r cherished by iguorunoc : and

97

that no iulvittc, no prccopf,, no rnuxim, how-
ov';r wJKftly corjcyivcfJ, or f-jitfiiiilly ur^ml,
can ever ru'^ko a proper impres^iiori on ibc
fool, tho hij;ot, or the cnlhuniant. It 'i%, there-
fore, with //'u;f 'iud (lhtnH.y that we look on-
whpJh. 'i ho vJKtH of the futuro nee oh dark
aofJ uhhfuro to our Hi^rhl :, for we c-in now
perceive no f)hjeet, discern no point, on
which li> fix thone i'opon and anliciprtionn
for our country which late events taujrht uh
to cheri«h. We can <ie«cry nothing hut the
fjaik and jarrinj^ elernenls ofperpeiua! Htrife.
To ipeak rrior*; pl-jinly, the <»pirii and^reniuH
oflfi'; House of An-^einlily i"* too turfjulent to
hf; fariied f*y fair words and wholesome ad-
vice. Ajiitator<j and disturherw of the puhlic
pjacc, like thern, ^re not easily appeaned or
conciliated. I)es{jit<ing the hoon of good
will, they rnuHt have the concchhion of fear.
We must yield to menace, and give hecauJ^o
we dare not refuse. After having for the
last ten yeara warred against everything sa-
cred tf> frM« Jiriti»h afleetio.i : after having
paralyzed the strong and legitimate am; of
governrn<;fjt hy fearn ufjwoMhy of rnen nnd
preteoHion-j unworthy of I eg is hi tors : «fler
havii»g uKurped powerrs which solely heiong
to the execnuve ; after having completely
stopped the whole machine of our i/rovjocial
government; after f aving poured out their
compl'iintH at ihe foot of the throne, and in
t^e pfe-i'-oc?^ nnl /ioyring of the supremo
I. ' Jturc of the KiMpire : after »eein;; thewo
co.i. -. int maturely weigfied and con!>;dered;
and after receiving thf clear aod impartial

&3

RDswcvs «S:. .'leclsions of tho greatest & gravest
authorities of the State, who coukl do other-
vise thao hope-— who coukl do otherwise
than believe, thatau end would irnmedir.toly
be put to the political fends and dissensions
■which have so long retarded tlio prosperity
of the Province ; and that the Assembly, in-
stead of again renewing the disgraceful con-
test, would be tho Mrst to retire to that legiti-
mate ground of cordial peace and good will
which should ever characterize a free and
happy people. But alas! the olive brancii
was held out in vain. Jt has been not only
rejected and iramj)led under foot, but the
torch of discord has been raised in its place
midst the shrieks and bowlings of a furious
and discontented party, proclaiming " ever-
lost! ng- warfare, ^^ in place of '" a?i ohlivion of
all past jtatousies and dissensions.''^

It now becomes, of necessity, our painful
task to recapitulate how this has been done.
Wo shall add such observations as must ap-
pear obvious to the understanding of every
man in the country who is not blind to its
true ond most important interests. We may
be alone in these observations. Viux we
care not. We have a deep stake in the pros-
perity of the Province. We have a rever-
ence for her institutions, modelled as they
are, or, at least, were intended to be, on
those of tho parent State; and should con-
sider ourselves as the most abject and worth-
less of parasites if we did not raise our voice
against the course which is now about to be
pursued for the dcstiuction of all that i«

V'J

dear to a Briton's feelings, fii the meaa
time, wc must waro the rrovince agniust en-
tertaining any expectations of the present
session of the Asyembly. When the core
and the stem of the tree are unsound and
rotten, can the fruit be good or plentiful ?
It is difficult to stop the career commenced
iQ inquity. It may terminate in virtue;
but the issue must Gver be precarious; and
our hopes always feeble.

The first bad feature in the character of
the present Assembly which we shall point
out, is, the manner in which the address, iu
answer to the speech from the throne, was
proposed and got up. That there was a
ileviation froni, and an innovation upon, the
(established rules of the }[ouse, all must ad-
mit ; but no one can justify. It was usual,
in conformity to the practice of the House of
Commons, to refer the speech to a commit-
tee. On the present occasion, when new
forms of procedure, new rules, and new
maxims are so much in vogue, a committee
of a i'aw members would not do — could not
do; having entirely forfeited the esteem and
respect of the Assembly. There must be a
committee of the " ivhole house.'''' It is a
pity the wliole country, and the whole world,
could not be added ! The ostensiiiie reason
assij.;ncd for this innovation and deviation,
"WPS, that '• it ivould afford lo all the members of
ihe House an opportunity of expressing^ their
sentiinents, and of furnishing the grounds or
Jfoundationfr the Address'"'^ But this was
a30t the real reason ,; and if it had been so, it

IdO

would ulToi'd but a rtimsy and oxecrahle ex-
cuse for deviating tVoiu a rulo ♦?stabli>lied nt
the comnienceuient of the Cunstitution ; for
every uietnber of the House had iho same
right when the report of the cornniitteo
"wovdd be bron<;ht up. The real reason was
this, that Mr. Uourdages and his circle had
matters in cogitation which they were afraid^
to use their own words, to trust to a commit-
tee. They could depend, they said, upon a
viajoiiti/ of the " whoh' house ;'* but as. in thp
appointment of a committee, respect must
ueces.sarily be paid to au appearance (\fimpar'
tialitij ; and as, consequently, individuals of
the f/«c stamp, might be named members,
deemed it an easier affair to fight one
battle than two, which they must iueviiabiy
do, had a committee been appointed, and
any one or more reasotu ble and enlightened
men made members of it. -'r. Bourdages,
therefore, came up to his phu r with the Reso-
lutions preparatory to the address cut and
dry in his pocket, where they had been snug-
ly deposited the preceding night to the no
small satisfaction of himself and those in the
secret of his intentions to insult as well as to
innovate. As to the matter of the Address
itself, it is certainly worthy of the manner ;
ami this is tbo first instance in tl>e annals of
the country of a legislative body, either me-
tropolitan or provincial, having introduced
matterinto an address which liid not corres-
pond with the subject of the speech. What
can possibly exhibit in a more glaring light
tbe spirit whieb pervades ih« Assembly I

]0i

What can moro distinctly point out their
wnnt of true gf^ntlemanly respect fwu] feeling

, in form, and want of principle ir' action !

[ . And what, in short, could he more shocking-
ly insulting to [lis Majesty than the Ion;;; and
cxt.-ancous tiradeintroduced into the Address

\ against Hiii Majesty's late administration in
this Province. Did His M^ijesty ever disa-
vow or disapprove of that o-dniinistralion ?
Did His Majesty recall the head of that ad-
ministration because he disapproved of it?
(luho the contrary; and of this the Journals
of the present Asserahly already bear aniplo
testimony- But even had His Majesty done
this, and dechircd so to his ^'- J-.iith.fo'L Com-
mons'' of Lower Canada, was it fit, was it res-
)>cctful, was it decent, in ansv. er to a speech
from the throne, breathing conciliation
throughout, and enriched with a vein of the
);urest spirit of paternal affection and good-
^viil, thus to cast reflections on liis Alajesty's
administration in this IVovince ! Was it con-
stitutional to interlard and beslubber a State
document of mere form and compliment with
complaints of imaginary grievances, while
oiher opporlunities and other r eans remain-
ed behind for conveying r;ucb unwelcome
scj'timents to the foot of the throne! Was
every cliannel shut against complaint hut the
address! Nay, was it loyal thus at on'-e to
declare to His Majcyti/s Rf.prf^sentativfu that
altiio'igh he took it upon [linnself to ^^njoia
" A /I oh ivion uf oil pa: t p/'Xilov?if:S and dis-
scnclons, ii v/sisby no mchus iheir iiitcc ion to
do so while a vestige of them dwelt upon

106 ».

tholr remembrance : and in order to con-
viiico liJm they were in earnest, that they
had embraced the very Jirst opportunity of
stating; a fact so clear to them? Tiio {:;ross
ignorance and presumption of a le}i;ishuive
body t!iat could stand up and act such a part
as this, is amazing. They suppose, wo pre-
sume, that there is not on the face of the
•whole earth, any power — foeimj; — interest —
passion — prejudice or sentiment to be con-
sidered but what belongs lo thomsflves. Wo
sincerely wish them joy ofthe tlitiorijg idea;-
but we regret, at the same time, iluit thero
are vaiiotis other powers on theearih, whom,
ns we respect more, we shall consult th6 of-
tener.

As to the tirade itself introduced into the
Address so unnecessarily, extraneouslv, iuid
indecently, it is truly wn/^uf?, and, to all in-
tents and purposes, like every other ihing
that IS great and wonderful, forms a class by
itself. We know not, however, whether ii is
not intended more as a panegyrick upon the
past conduct of the Assembly tliemselves,
than as a rellection upon Majesty; for they
have ever been famous for the bombnstick
egotism and adulation with which they ovor-
"wliclmed thern:^;olves. But be thai as it may,
we scarcely e or met with a i»;ore striking
specimen of potty, shallow, powerless, IVcblo,
declamation — ct puny, puerile, low scurrilous
♦' sound, and fury signilying nothing." It
falls greatly bcsow tl;e couimou-placo taw-
dry, insane, rhapsodies ofthe tools, emmi-
sai-ies, demagogues, auii idolators ofthe As-

103

sernbly out ofdoors. It is as worthy of the
authors a' of their cause. IJut however cod-
ternfrtible it tnaybe in itself — nod that it is
coDtemptible who will cJctiy ? — it forms part
of the address of the House of Assembly of
Lower Canada to His Majesty's Represen-
tative; and, as such, exhibits in rich and
luxuriant profusion both the characteris'.ics
of the party whence it emanated, and the ul-
timate object of their mistaken ambition. It
Avill, therefore, in conjunction with other
notable instances of the mad fervour of the
Assembly, be of use in directing our aitentioa
to their present wayward path ; and to which
we would also seriously recommend the ob-
servation of all our loyal and constitutional
readers. j\o one can pass by the observations
of the minority on this question without being
struck with their siogularjustico and proprie-
ty. Well might Mr. Stuart challenge the
risible fortitude of the gravest individual^
upon witnessing the style and matter of the
extraneous matter introduced into the Ad-
dress ; and, upon Mr. Vallicres' justifies tioa
of the bombastick fervor of the language
made use of, well might he add, " that those
who wrote fervidly were apt to write foolish-
ly.'' Never was any apothegm more faith-
fully realised than this one, for never before
were such folly and loathsome insanity intro-
duced into a state document ; never did an
intended compliment to Majesty carry in its
train such insulting malignity ; and never
was the'path to the throne strewed w'ltb such
filiii, impurity, and reptile slime. Wc know

104

not how we should have borne to be of the
same party with those who acted thus. It is
bad enough, God knows, to be of the same
species.

But we approach matter of still graver im-
portance— matter in which the dearest and
best interests not only of the Province, but of
the Empire at large are involved. We al-
lude, as may be readily perceived, to the
Message sent down by His Excellency and
the Resolutions voted by the Assembly ia.
answer to it. His Excellency, rightly con-
sidering the great anxiety that existed in,
the Province for a declaration of His Majes-
ty's sentiments with respect to our present
condition, and the importance of an early
discussion of them by the Legislature, with
the view of alleviating the miseries of the
country, lost no time in making these senti-
ments public the moment that the prelimina-
ry business of the session could admit of |it ;
and the thanks of ihe people are due to His
Excellency for his promptness in acceding to
their wishes.

The Message is, indeed, a document which
ought to be studied by every individual in the
country It is a direct emanation from His
Majesty ; and is a free, clear, and candid ex-
pression of his sentiments with respect to the
various questions of importance which have
so loui: agitated, and retarded the prosperity
of this Province. It is, at t.!)e same time, the
result of the frequent and mature delibera-
tions of His Majesty, surrounded by all his
legal and constitutional advisers. It is the

105

only authentic record in existence of the real.,
unbiased opinion of that au^just council on
the public state of affairs in this counlry ;
and of consequence, bf comes to the people,
of this Province, as well as to its lejrislaiure,
their only rule of conduct and guide — their
only polar-star in leading to a definitive ad-
justment of all our past disputes and differen-
ces. There are some persons who will be
guided by no authority however exalted — -
who will bo swayed by no rule of conduct,
however prudent and wise — except the dic-
tates of their own vain and inflated imagina-
tions. But with such persons, we would
warn the loyal and the good of this Pjovince
to hold no communion ; for they — the true
and the lojal-— are as good judges of the
rights of free-men as the loudest declaimer
anci most brawling demagogue amongst their
opponents. Let the honest and true, there-
fore, think and feel, that the dorumeut in
question is a direct appeal by His Majesty to
their loyalty and good sense. It does not
flatter our vanity, nor draw upon our ima-
gination : neither does it yield one point
with the view of cajoling us into a ready com-
pliance with another. It sets forth the rights
and privileges of all parties ; maintaining
with a firm and manly grasp those belong-
ing lo one side, and pointing, with a candid
generosity worthy of its source, to the course
which ought to be pursued by the other, in
order to attain that cordial peace and perma-
nent happiness which all seem to desire. It
is not the manifesto of any party or faction.

10(3

It is neither the Creed nor the decalogue of
an administration : nor is it the Circular of
a proud unyielding minister, ready to tram-
ple on right and justice for the attainment of
iiis own ends. But it is the voice of the !aw
itself, uttered by the Crown and its minis-
ters, as the organs of the Constitution and
government of the Empire— -it is in truth
the law of the Empire, the dictates and prin-
ciples of an Act of the Imperial Parliament,
which neither the Crown itself nor any other
individual power in the state can controul or
alter. Knowing it to be such, it is our duty,
ivithout hesitation or delay, to receive it in
the spirit of enlightened men and loyal sub-
jects ; ready to obey the law when the law
speaks, and willing to yield when it is nei-
ther our right nor to our advantage to con-
tend.

It is not our intention at present, to par-
ticulHrize the general principles and posi-
tions laid d6wnin the Message. We shall
restrict our observations to that part of it
alone wherein a judgment and decision is
pronounced on the Financial Q,uestion---tho
great question which has given birth to all
those difficulties by which we are at present
surrounded and menaced. Our observa-
tions will also necessarily embrace the Reso-
lutions voted by the House of Assembly in
reference to this question.

The position laid down in the Message is
very simple and easy to be understood.
His Majesty after stating his ronvicliou that
the Provincial Legislature will cheerfully ac>

107

quiesce la every effort to reconcile past dif-
ferences, looks forward with the hope, pecu-
liar to his great mind and generous dispositi-
on, to a period when no other subject will
engage or engross the attention of the legis-
lature, but " the best methods of advancing the
prosperity and diiveloying the resources of the
extensive and valuable territories comprised
within His Majesty's Canadian provinces.^'
With this vicAv, and the view of " obviating
all future misunderstanding," His Majesty
referring to the " serious attention" which he
has bestowed on the discussions which have
taken place in the province, " respecting the
appropriation of the revenue,''' sets forth " in
ivhat manner these questions may be finally ad-
justed loith a due regard to the prerogatives of
the Croicn as well as to their{the Legislature's)
Constitutional privileges, and to the general
welfare of his faithful subjects in Lower Cana-
da/' Ills Majesty then states, " that the Sta-
tutes passed in the 14th and 31st years of the
reign of his late Majesty, have imposed up-
on the Lords Commissioners of His Majes-
ty's Treasury the duty rf appropriating the
prociucc of the jevcnue granted to his Majes-
ty by the first of tliese Statutes, and that
wliilst the I^aw shall continue unaltered by
the same authority by which it was framed,
l}i3 Majesty is not authorized to place the Re-
venue wn.. I cr th-?controulofthe Legislature of
the province.

'• The proceeds of the Revenue arising
from the Act of the Imperial Parliament, 14.
Geo. Ill, together with the sum appropriated

103

by tlio Provincial Statute. 35, Goo. TIT, and

the duties levio<l under the rrovinoial Sta-
tuK's n. («eo. Ill 0. l-'KV M, may 1><^ limited
for the eurrent year at the sum of i.'M4,7(H).

"The produee of tlio casual and territori-
al revenue of the Crown and of fines and for-
feitures may he ostimatoil for the same peri-
od at the Slim of jL'3100.

" The^e several sums makin{i- together tho
sum of ,C\S<. 100, constitute the nhole esti-
mated revenue arisinj;in this l*roviiict\whicli
the Law has placed at the disposal of the
Crown.

** ffis ^faicstff has hccn plcasano direct that
fioin this coUtrtivc trvftmr o/' £38,100 tht sa-
larif of the ojjiccr a({minist( > j/iir the i;-ojrm-
inento/thc l^rorincv ivul the salaries of the
ju(fges should be defrai/ed."'

What can he more concise — more explicit
-—more candid. Hut what renders this com-
munication of threefold value to the loyal in-
hahitants of this rrovince is, its great and
remarkahle consistency — its singular, its ex-
act uniformity with every despatch, commu-
uication and declarttiou that has ever been
made to the Provincial Legislature on the
subject of the financial question. This is
no new or timeserving doctrine. It has not
been got up to please a minister or a party —
to keep the one in otlice. or screen the other
from publick obloquy. It is the dictates and
principh'sof our constitution. It has its foun-
dation in acts of the Imperial anil i^rovincial
Parliaments ; its interpretation in the solemn
opiuiou of the highest legal authority of tho

109

State ; and its execution in the orders and
instructiousof Mis Majesty ; aud these orders
and instructions ever were, aod wo hope,
ever will be, acted upon, to use the wordsof
the Message, "Whilst the law shall continue
unaltered hy the same authority by which it
was framed."

Unhappily for the country, however, the
Ilouye of Assembly think, or at least sayg
otherwise. Blinded by a sottish and brutal
ignorance worthy of the darkest aji^es and
raost barbarous people that ever iohubifed
the face of theearth ; and goaded by an am-
bition which can only bo satiated by the
compleio and uncontrolcd possession of all
the powers of government, this body denom-
inating themselves a Legislative body, and
the Representatives of a free and enlighten-
ed people — contradict His Majesty, the law,
and the Imperial Parliament, and contend
that the control and appropriation of these
jjrovincinl funds belong to them — and them
alone ! To establish their unjustifiable posi-
tion they have travelled over and over again
all the rounds of the statue-book : they hfivo
denied the plainest and clearest letter of the
law ; they have rejected the most evident
principles of the constitution : they have dis-
torted facts : they hyve raked up the very
kennels of oblivion for the remains of all those
unnatural abortions which the stupidest of
legislators — the most unprincipled of lawyers
— or the most ignorant of polititirtns may
have begotten in their wildest and mostfau-
tastick reveries ; they have spurned the ad-
7

110

vice and rocommcijdjition of IVTajesty itself;
thoy liavo tlisbelioved aiul discrodited tlio
dosj)<»t('lies of tho iuiiiis<tcr ; tlicy liavo often
and oftori insulted tho Kiii;;'s repicsoulativo
wliilo (•omtTUlllioatin^ these despatches : they
have resolved and voted — disputed and
ivranj^led— ])rinted and published — brawled
and brayed — howled and hissed — kicked and
cuded, until at last they gained their real ob-
ject by r.nsii)}^ such an uproar autl ferment in
tile country, tiiat nothing can ever extinguish
but the strongest and ujost decisive measures
that can possibly bo executed iu a free and
independent state. I'^.xternal appearances,
must, Imwever. bo preserved a little longer ;
and perceiving that UKitters were not tpjito
ripe for the l)low which they llloditat^Hl, they
j)ut olV the event till a more convenient sou-
sou, ami in the tneantinio amused tho coun-
try, the people, and the government with
another mock apptnl to the throne, but tho
<lecisiou of which they neither iniendotl to
ackuowleilge nor obey. In proof of this wo
have only to refer to their own resolutions in
answer to the Message.

Tho present House of Assembly have a
manner, as well as matter in all their pro-
ceedings, that is peculiar to themselves. —
They are men of mode as well as of action.
The aufioni methoti of siting about business
and performing their work they despise. —
The "•march of inttlU'ct'" hns made extraor-
dinary progress and wrought marvels amongst
them. Innovations have been made on the
most simple operations.

Ill

An axe for the future, must not be takea
by the h«ii<ll<; hul by the edij^a of the weap-
on itself. A sriw must bo ^^raspcfJ Ijy the steel,
and the vvooci severed with the frHme. Eve-
ry fashion?»hle tahle muHt he furnished with
the shovel find tonp;« instead of knives and
forks. The tail of every heau's coal must he
worn upwards ; and every fashionable lady
who h'ds any regard for her reputation, must
wear rinpis on her toes instead of her fingers,
and in her nose instead of her ears. Not less
ridicidous, certainly, are the innovations al-
ready introduced, and abf)ui to be introduced
into tha procccfJioffs of our House of Assem-
ly. VVIi?»iiever a member vvishos to carry a
favourite measure, or to pass what he may
conceive to be a most excellent law, ho has
nolhitig to do but simply perform the necessa-
ry oj>eration in his own mind on some given
preceding night — write down his law or his
resolutions — carry them in a corner of his
pocket up to the Assembly — stand up bare-
paied in hig |)lace— -read them— -and presto,
the business isdonel 'J'he ears of the sage
and patriotick gentleman is immediately and
clamorously assailed by the "ot;is" — Anglice
" yt.ah" — of almost every inrlividual in the
liouse. it is quite unnecessary for the learn-
c<l gentleman to give himself any trouble
with preliminary explanation of the nature
and object of his measure. The mere recit-
al of his resolutions is quite enough. Men's
minds are now more sensitive and penetrat-
ing than before. They intuitively perceive
an object without the old-fashioued aid of

112

any explanation or reasoning whatever.—
Oratory has now become too old-fashioned a
conjiDodity to bo thrown away in our pub-
lick deliberative assemblies for nothing; and
one short resolution is worth twenty long
speeches. So no doubt, thought Mr. Neilson
— at least, so he acted when, on the fifth of
the present month of December, in the year
of our Lord, 1828, he submitted his famous
resolutions in reply to His Excellency's Mes-
sage.

This gentleman, knowmg from long ana
successful experience, the mute and passive
disposition of his fellow-representatives, drew
his resolutions from his pocket, aad with a
confidence worthy of his knowledge, silently
presented them to the house. Wrapping
himself carelessly up in the mantle of what
Mr. Stuart happily denominated a " prede-
termined majority,'' he condescended merely
to solicit the concurrence of the bouse as a
matter of course .' It ought to be well ob-
served and long remembered, that among the
fifty individuals who constitute the House of
Assembly of Lower Canada, there were only
six who spoke on one of the most nionnen-
tous questions that ever occurred in the de-
liberations of a Colonial legislature ; this
question beino; in reality, however, much it
may be airerapted robe disguised — whether
this province is longer to endure the legisla-
tive supremacy of the Mother Country ?
Three of those six, be it observed, were on
either side of the debate. As to the rest, Ba-
laam's Ass was a prince among orators— a

113

very Dcmostbeues, a Cicero, a Chatham, a
Burke— in comparison with them ; for the
honest brute spoke most rationally and to
the question when knocked on the head, an
experiment, which we are sure, might fre-
quently be essayed to no purpose in the As-
sembly. These silent gentlemen— these
mute automatons— came thereto act, not to
prate, to vote, not to speechify. It is not at
all requisite that they should be well-inform-
ed as to the proceedings of the house. They
are sent there by three hundred thousand e-
lectors who can neither read nor write ; and
they are fully satisfied that one speaker or
leader for every hundred thousand is a fair
and just representation. What an excellent
commentary on Mr. Huskisson's story of the
Crosses to the petitions of grievances ! The
truth is, and it is high time the truth should
be known-"that there are not six members
on the major side of the house who can dis-
course for ten seconds with any rational por-
tion of judgment on the simplest question of
our constitutional laws ; and we Avill bet a
rump and dozen, that there are not tivelve
men in the whole house who can tell the dif-
ference between a monarchical and deraocrat-
ick government, or between the British con-
stitution and that of the United States of A-
merica ! Yet these are the individuals who,
not only arrogating to themselves the wis-
dom and discretion of an enlightened legisla-
tive body, but the possession and control of
all the executive powers of government, have
reduced this province to a state of anarchy,
7*

114

and boldly persist, by their insane ignorance,
in rejecting every measure calculated to res-
tore the peace of the province and save the
people from impending ruin. Let no man
tell us that all this is mere declamation. We
utterly scorn the mean alternative. Our ob-
servations are founded on truth— self-evi-
dent and undeniable truth ; and that they
are so, we have only to refer to the senti-
ments and opiuions set forth in the resolu-
tions under consideration.

The first ofthese Resolutions states, ^^ that
the House derived the greatest satisfaction from
the gracious expression of His Majesty'' s be-
neficent vieivs towards this province,'^ yet, as
if sorry and ashamed that any complimentary
expressions, even to their Sovereign, should
have passed iheir lips, the majority of the
house, in the second resoluiioo, hasten to de-
clare that they have " Nevertheless observed
with great concern, that it may be inferred from
that part of the Message which relates to the ap-
propriation of the revenue, that the pretension put
forth at the commencement of the late Admin-
istration, to the disposal of a large portion of the
revenue of this province may be persisted in.^^

This is extraordinary language, both as to
style and sentiment, to be held forth to a con-
stitutional Sovereign, who has, and who can
have, no other object, to use his own words,
but the " Welfare of his faithful Canadian
Subjects;" and whose present communica-
tion to the legislature of this province is
founded not only on the general constitution
of the Empire, but on solemn acts both of

115

the Imperial and Provincial Parlifiments.— >
The sZ/y/e, however, we pass over wiih that
silent scorn and iniii{<nation hfeoniiu^ the
loyal subjects of one oC the greatesr, and best
of Sovereigns, thanking our stars, we have
been reared in the conviction, that the stern-
est of publick duties is not incompatible at
once wit!t decent manners, and the language
of sobriety and respect. As to the seutimet ts,
having somewhat to say to them, and being
convinced that the example of history is the
best possible mode of instruction, if not of
conviction also, we shrdl here enter into a
brief historical detail of the Permanent Rev-
enue of the province. By this means we hope
to be able to say, with unerring certainty, oa
which side the ^^ pretension'^ really and truly
lies.

When Great Britain conquered Canada —
plucked it from the tyrannical and despotick
grasp of old France---rescued the Fathers of
the House of Assembly fiom feudal bondage
and slavery— and restored them to the free-
dom and independence of the British Con-
stitution, it was found thai certain duties im-
posed upon the importation and exportation
of merchandize were the principal means ex-
isting for the support of the govermiifint of the
coiony. These finances, which perhaps did
not exceed seven or eight thousand pounds
sterling per annum, were at ihe etitire dispo-
sal and administration of the Intendant, au
oiiicer in the French government who, by his
commission, was authorized to exercise, fully
and freely, all those powers of appropriation
7**

116

anJ control -which at present constitute the
primary ambition of the Assemhly. The
po^versofthe Intendant, indeed, were such
as we should not like to see engrossed by ;iny
one individual brr.nch of our government,
free and mixed as it is. He not only enjoy-
ed the right of collecting and disposing, but
of levying and imposing it also in any man-
ner most suitable to his wishes and inclina-
tions, not to the circumstances and good-w ill
of t).o People, who, until the conquest, w e,re
consulered as mere military slaves and feudal
tile tins, without a voice in the government or
itluiince in the state. As soon as the defini-
tive treaty of Paris bad been signed, the llrit-
ish government appointed a " Receiver-Gen-
eral, ami collector* of the royal patrimony
rents, revenues, farms, taxes, tythes, duties,
unports, profits and casualties, arising within
the province of Quebec," with power to
' a})ply the monies which should come into
his hands of the said duties and revenues in
the ursij>lace for and towards defraying the
necessary expense of Government, and the
necessary charge of mnn;igiog the revenue
under his care ; remitting home by good
bills of exchange the surpluses of the monies
which from time to time should remain in
his hands after payment of those expenses, in
order that the saiiie nnght be applied to the
reimbursing the publick here, (in Great Brit-

■• Thomas Mills, Esq. was the first apf)oin-
lod to this oHice, and his commission is dated
the lOthof Julv, 17G5.

aio,) the monies that had been necessariiy
a'vanced for that purpose, by reason that
t.>o aforesaid duties and taxes had not been
levied within the two years last past." In
this way the above duties coniiuued to be
levied, collected and appropriated or applied
till the year 1774, when the celebrated act,
14th Geo. III. cap. 88., was passed by the
Itiiperial PHrliament. This act is entituled
*' An act to establish a fund towards further
defraying the charges of the administration of
justice, and support of the civil govevnment
within tJie province of (Quebec in America.'''' —
By This act all the duties which were imposed
on floods imported into, or exported from, ibis
province untler the authority of His Most
Christian Majesty, were discontinued from
and after the 5th day of April, 1775 ; and in
lieu thereof the several rates and duties there-
in mentioned, were ordered " to be raised,
levied, collected, and paid unto His Majesty,
his heirs and successors lor and upon the res-
pective goods herein-after mentioned, w'bich
shall be imported and brought into any part
of the said province over and above all the
other duties now payable in the said province
by any act or acts of parliament," It was
then enacted " That all the monies that shall
arise by the said duties (except the necessa-
ry charges of raising, collecting, levying, re-
covering, answering, paying and accounting
for the same) shall be paid by the collector of
His Majesty s customs into the hands of His
Majesty's Receiver-General in the said prov^
iucefor the time being, and shall be applied

118

ill tlio fust place iu makiiip; a nioro cci'taiii
aiul ;i(Uu]uato provision low.irds tlclVayinp,
tho expensos of tlio Civil Adniitiistratiou of
Justice and of tho support of iho Civil (lov-
erninout of tho said proviuco ; and that tho
Lord Treasnror or Counnissiouers of llis
Majosty's Treasury or any two or throe of
theui for the time hoing, shall be, aud is or
are iierchy iinpovvored from time to time hy
any warrant or warrants under liis or their
hand or hands to cause such money to be ap- .
plied out of the said |)roiluce of tho said du-
ties towards defraying tho said expenses ;
and that the residue of the said duties shall
remain aud he reserved iu the iiauds of tho
said Kecoiver-General, for the future dispo-
sition of Parliament."

J5y this law the Lords Commissiouors of
His Majesty's Treasury hecame fully invest-
ed with the uncontrolahle power of applying
or appropriating tho duties imposed iu virtue
of its euactmeuts towards deirayiug the ex-
peuces of tho admioistratioQ of justice, aud
of the support of the civil Covernmeut of the
Trovinco, so far as the amount of these du-
ties Kould admit of such appropriation.—
But these Commissioners have always dele-
gated their authority to the Governors of tho
Province, all of whom, in tho execution of
such authority, and iu obedience to the con-
curriug commands aud instructions of His
Majesty, have always appropriated the rev-
enues iu question for the purposes described
in the act itself, without beiug subjected to
tho coutroul of any authority whatever iu the

119

Province. Indeed, until the passing of the
(.'onsti'ulional act, in \7l'l, there existed no
power or authority in the Province which liad
the niiUt to call into question these ap-
propriations ; and even then, as %vill present-
ly he seen, ifio new conslitulional hodies cre-
ated hy thai act neither arro^iated to thf:m-
selves, as some of ihern have since done, nor
received fVom Parliament any the srnal!t-st
rij^htto interfere with the delegated powers
of the Lords Conimissioncrs of the Treasury.
In 1/9.5, however, four years after the pas-
siii;^ of the Con.itilutional act, it was discov-
ered, that the perrnaneni revenue created, as
ahove, by the act of 1774, wa.-» inadequate to
the purpofees for which it had been raised ;
and the provincial legislature of that day not
wishing like the present, that the arms of
the government should he shortened, or any
of their powers dissolved, pas^.ed an act of
which this is the title :-— " An act for grant-
ing to lli.j Majesty an additional and newdu-
ties on cert&ia goods, wares, and merchan-
dizes, and for approj;riating the same tow-
ards further dff raying the charges of the ad-
Uiinistr-itiou of Justice, and support of the
civil governnricnt within this Province, 'ujd
for other purposes therein mentioned." The
sum con-iigued armually into the hand-, (»(^ His
Majesty by this act, was/n/C thouaaiid pf/vnds
stfirling; audits authors, imitating the words
and intentions of its imperial prot jtypo of
1774, ordained, that *' th'O due application of
all such moniespursuaut to the direcfions of
this act, shall be accouatcd for to His Ma-

120

josty, liis lieirs, and successors, tlirough the
jordtt commissioners of His Majesty's Treas-
ury, in sucIj manner and form as His Majes*-
ty, his heirs and successors shall direct."

It will hero be observed, that the Leg;isla-
latnre of 1795, so far from claiminji; the " in-
herent righV^ of appropriating the revenue
created by the imperial act of 1774, added,
by a free and voluntary enactment of their
own, a considerable sum to it, to be applied
and accounted for in the same manner as the
orginal act of the Supremo Legislature : thus
---not tacitly, nor constructively, but openly
and spontaneously— declaring their own in-
capacity to interfere with the rights of their
Sovereign. Is it possd.de to adduce stron-
ger or more conclusive evidence of the ab-
surdity and injustice of the claims of the
present Assembly, than this abstinence from
executive intervention on the part of their
j)redecessors of 1795/ The assembly of
that time were in possession of every legal
and constitutional right that can possibly be
kcnjoyed now ; and surely we cannot thin
so meanly of them as to believe, that if they
really possessed any authority over the Crown
revenues, they were destitute of sidiicient
courage to claim and exercise it. The act
of 1771 was then as much in force as it is
now ; and the provisions of the subsequent
constitutional act of 1791, were then as ex-
tensive and as well understood as they are
now. His Majesty was therefore left in the
peacea )!e enjoyment and disposal of his rev-
enue, which he augmented still further by

121

the casual and territorial revenue of the
Crown, and fines and forfeitures ; making
together, as stated in the Message of the 29th
of Novemher last, the sum of £38,100. This
far, then, it is pretty clear, that the " preten-
sion put forth to the disposal of a large por-
tion of the revenue of this Province," was
not the act of the *' late administration."
Towards the year 1810, another spirit and
more dangerous principles were infused into
the House of Assembly hy the introductioa
of new members, pretending to wiser heads
and more courageous hearts than any of their
predecessors. These gentlemen, instigated
by along-cherished conviction that no barrier
remained between them and the entire pos-
session of all the powers of government, as
■well executive as legislative, except the
right to control and apply ihe whole public
revenue of the Province, prevailed upon the
House of Assembly to make an offer to the
King of " Ihe necessary sums for defraying the
civil expenses of the government of this Prov-
ince/^ This step having been taken ofa sud-
den by a dark and intriguing majority of the
Assembly, without any motion or suggestion
of the Crown, or the concurrence of the
Legislative Council, its unconstitutional as-
pect was perceived by all men, whjie but
few were able to penetrate into the ulterior
and real objects of this majority. His Ex-
cellency Sir James Henry Craig was one of
these few ; and the answer of this stern but
constitutional Governor to the Assembl3%
■when they approached him with their novel

, 122

offer, can never be sufficieatly admired. His
Exceileocy firmly and candidly told them,
that their offer was not constitutional, inas-
much as the usage of the Imperial Parlia"
ment forbade all steps on the part of the
people towards grants of money which were
not recommended by the Crown ; and that,
although by the same parliamentary usage,
all grants originated in the Lower House,
yet they were ineffectual without the con-
currence of the Upper House. For these
reasons His Excellency conceived the ad-
dress brought up by the Assembly to be un-
precedented, IMPERFECT IN FORM, and being
merely founded on the resolutions of that
House, without the sanction or concurrence
of the Legislative Council, must be ineffectu-
al. His Excellency thought it right, how-
ever, to apprize His Majesty of their present
proceedings and offer, however imperfect in-
form and unconstitutional in matter. Con-
sidering the views of the Assembly, it may
be easily imagined that this answer acted
upon them some*ivhat similar to the effects of
a first discovery upon the nocturnal delibera-
tions of a band of assassins or resurrection-
men. The plot was evidently discovered,
and the first step taken towards its accom-
plishment utterly destroyed. They thought
the road to the sole and complete controul of
the public revenue, and by consequence, to
all the powers of government, entirely open.
The guardian of the public welfare, who met
them so sternly in the path and pushed them
back to their original ground, was therefore,

123

and forever declared a public enemy ; and no
wonder if the administration of Governor
Craig was afterwards one of unprecedented
aggression and turbulence on the part of the
House of Assembly, Had the Assembly at
this time imposed upon themselves the bur-
then of any 6a/«:7Mce that might be necessary
for the support of the civil government and
administration of justice in aid of the per-
manent funds cdready at the disposal of gov-
ernment the oifer would have looked and
sounded better, however unconstitutionally
mcide ; and would have proved that the As-
sembly both studied and understood the true
interests of their country. But to have come
thus up with an offer to defray the whole ex-
penses of the government, in hope that Hjs
Majesty and Parliament would at once fore-
go their pre-existing rights and revenue, ex-
hibited them in the character of the greatest
asses and blockheads that everexisted. How-
ever, that man must be either exceedingly
simple and stupid, or exceedingly wicked and
hypocritical, who never exhibits symptoms
of mortified ambition ; and we accordingly
find, that the leaders of the x'\ssembly have
ever since become at once more openly loud
and clamorously urgent in their demands,
whether they relate to the finances of the Prov-
ince, or other qaestious of constitutional gov-
ernment. In the meantime, down till 1818,
the permanent revenue continued to be ap-
plied by the Crown as usual ; and the claims
of the Assembly to that revenue continued
anmooted for eight years loBger,duriBg which.

124

neither was any step takea by Govern meat
to encourage their pretensions.

On the 7ih of January, 1818, the Legisla-
ture met. Sir John Coape Sherbrooke, was
Governor, In the opening Speech His Ex~
ceZ/fr^wc?/ informed the Assembly, that he was
commanded to call upon them " to vote the
sums necessary for the ordinary annual ex-
penditure of the Province." When, in pur-
suance of these commands, the estimates for
the civil list were sent down to the Assem-
bly, the purport of the word " necessary"
here maJe use of, became more obvious.
The estimates amounted to £73.646 8 9.
From this sum, however, there were deduc-
ted £33,383, being the average for the last
three years of the amount ofthe funds already
provided by law for the support of the ad-
ministration ofjustice and the civil govern-
ment. The balance of £40,263 8 9 was
consequently left to be provided for by the
Assembly. Ovserve that they were not cal-
led upon to provide for the £73,646 8 9 the
•whole and entire sum necessary for the civil
list, but for the £40,263, 8 9; the difference
being already provided for by acts ofthe Im-
perial and Provincial Parliament, namely,
the 14 Geo. III. cap. 83. and the P. S. 35
Geo. III. cap. 9. with neither of which the
Assembly had now nothing to do, either di-
rectly with themselves, or indirectly with the
funds created in virtue of their authority.
And to do the Assemblyjustice, they for once,
at least, understood the matter in this light.
Their vo(e on the occasion, though uncoasjti-

125

tutlonal in point of form, not having the con-
currence of the Legislative Council, is a me-
morable record of the fact. It states, " that
the Kouse having taken into consideration
His Excellency's recommendation on the
subject of the expences of the Civil Govern-
ment of this Province, for the year 1818,
have voted a sura, not exceeding £40,263 8 9
currency, towards defraying the expence of
the Civil Government of this Province, for
the year 1818, exclusive of the sum ah-eady
appropriated by law ; but that the peculiar
circumstances which have prevented the
House from receiving at an earlier moment
the estimate of the civil list revenue and pub-
lic accounts ; and the advanced state of the
Session not admitting the passing of a bill of
appropriation for the purpose, they pray His
Kxcellency will be pleased to order, that the
said sum, not exceeding £40,263 8 9 curren-
cy, be taken out of the unappropriated monies
which, are now, or hereafter may be in the
hands of the Receiver General of this Pro-
vince, for the purposes aforesaid ; and assur-
ing His Excellency, that this House will
make good the same at the next session of the
Proviucial Parliament." The act passed
next session to fulfil this engagement, directed
the above supply " to be charged against the
unappropriated monies in the hands of the
Keceiver General of this Province, which
may have been raised, levied and collected
under and by virtue of any act or acts of tho
Legislature of this Province."

This far tho House of Assembly acknow-

126

ledgetl aad recognized the provisions of the
14th and 35th of the King, above recited.
Not only so, but the vote of 1818, and the cor-
responding act of 1819, are to all intents and
purposes a declaratory law upon this sub-
ject; for that vote and that act clearly and
explicitly acknowledge a fund " already ap-
propriated by law, and expressly reaounce
all right of interference with any monies in
the hands of the Receiver General, except
those raised, levied and collected under and
by virtue of any act or acts of the Legislature
of this Province." There being no change
either in these laws, or in the general or con-
stitutional circumstances of the Province, it
appears, therefore, passing strange to every
intelligent mind, upon what foundation ia
common sense, equity, or justice, the House
of Assembly have ever since been endeavour-
ing to rear such a buge and shapeless fabrick
of pretensions to the disposal and control of
the entire funds of the Province without dis-
tinction. Every honest man, who views the
subject impartially, is amazed at such pro-
ceedings ; and naturally concludes, that, as
there appear no good or just grounds for such
presumption, some bad and erring principles
must inevitably be at work. " Nevertheless,"
from the year 1819, to the year 1829, the
house of Assembly have never ceased nor
slackened in their endeavours totally to throw
aside the authority of the 14th Geo. III. cap.
88, and to invest themselves in the entire re-
venue of the Province. That they have been
resisted and obstructed In their seditious and

127

rebellious march — that they have been cor?
responded with, argued with, and reasoned
with, by every power in the state, from the
King on the throne to the humble individual
who now addresses them — alas the journals of
the legislature and the press of the country
bear ample evidence. Nor has this resistance
been confined to certain periods or individu=
als. The Duke of Richmond, who succeed-
ed Sir John Coape Sherebrook, as Gover-
nor, adhered to the principles laid down id
the estimates of his predecessor; but his pre-
tensions, though borne out by the Legislative
Council, who very properly threw out aa
infamously unconstitutional bill of supply
sent up to them by the Assembly, failed ia
receiving the concurrence and approbatioa
of the Assembly. In the last speech of that
excellent and high-minded nobleman to the
Legislature, he plainly and candidly stated,
*' It is with much concern I feel myself com-
pelled to say, that I cannot express to you,
Gentlemen of the Assembly, the same satis-
faction, nor my approbatioa at the general
result of your labours, (at the expense of so
much valuable time) and of the public prin-
ciples upon which they rest, as recorded ia
your journals. You proceeded upon the
documents which I laid before you, to vote a
jiart of the sum required for the expenses of
the year 1819 ; but the bill of appropriatioa
which you passed was founded upon such
principles, that it appears from the journals
of the Upper House, to have been most con-
stitutionally rejected." Was this, let us
8

here again ask, ^^ a ■prcfnision put forth ty
the late Administration V

Wc uow approach tho '* commencement of
the talc administration ; those of Mr. Monk
and !Sir Peregrine Maitland being too short
to admit of squabbles on the subject ofli-
iiancc, though impossible to be so much so as
not to admit oi' any topick of Legislative dif-
ference. Lord Dolhcusie arrived in Canada
in ]8'20, on the anniversary of the Battle of
Waterloo! We are not superstitions— no,
not wc ; but this was an event u hich no
have always considered as ominous, if, in-
deed, of bad, still of good. The great con-
queror of Waterloo had arduous physical and
scieniifitk duties to perform, lint he who
attempts, like Lord Dalfiousie, to eradicate
French ignorance, and conquer French prej-
udice, will have a still more difficult task to
execute. However, now that the two he-
roes are once more tojjether, let us hope, they
will between them, at least put an end to the
legislative diiiereuces of this Province, if not
10 the whole dilliculties that surround us.

What the ''laie administration'" itself said,
or did, or pretended, with respect to the pub-
lic revenue oi this Province, we shall not re-
fer to, but appeal directly to those supreme
and acknowiciiged authorities in the state
which all parties aflect to respect, however
reluctant to obey. On the instructions and
despatches furnished to Lord Dalhou^ie in
IS'iO, and I8til, were founded all his meas-
ures on the financial question. Whatever
may have been the individual sentiments of

129

His Lordship on that subject — and we have
reason to know that they were as soand as
they were constitutional— f/te^ were not oh-
truded on the legislature ; no communica-
tion having been made to that body, especial-
ly the House of Assembly, which was not
the counterpart of instructions received frorti
His Majesty's Imperial Government. Hfid
the case been otherwise, and had his Lordship
acted from no other construction of the con-
stitution than his own, and obeyed no com-
mands but the dictates of his own mind, he
was exceedingly happy in the constant and
unhesitating approbation of his Sovereign.
As it was, his conduct could not be other-
wise than approved of by the same source
whence both his instructions and the whole
basis of his public conduct emanated. The
extent and importance of this approbation,
we shall now consider.

The first intimation which reached the As-
sembly of the real sentiments of the. Imperial
Government on the subject of the financial
disputes, was contained in a despatch from
the Colonial Minister, Lord Bathurst, to the
Lieut. Governor, Sir Francis Burton, dated
the 23d November, 1824.* These despatch-
es are accompanied by the official opinion of
the law-officers of the crown, to whom were
referred a report made by the Assembly uj-oa
the provincial accounts," in which a ques-
tion is raised as to the right of government

* Lord Dalhousie, was in England on leave
of absence at this time.

ISO

to apply the proceeds of the revenue arising
froTD the 14th Geo. III. cap. 88, as they have
invariably been since the passing of the act,
towards defraying the expenses of the ad-
Mioistration of justice, and the support of
the civil government of his Majesty, without
the intervention of the Colonial Administra-
tion ! His Majesty's Law-Officers, who
were the present Lord Chancellor and At-
torney General, then go on to state :

" Incompliance with your Lordship's re-
quest, we have taken the same into our con-
sideration, and beg leave to report for the in-
formation of His Majesty, that by the 14tb
Geo. III. cap. 88, tlve duties hereby imposed
are substituted for the duties which existed
at the time of the surrender of the Province to
His Majesty's Arms, and are especially ap-
'propriated by the Parliament to defray the
expenses of the Administration of Justice, and
of the support of the Civil Government in
the Province.

" This Act is not repealed by the 18th
Geo. III. cap. 12, the preamble of which de-
clares that Parliament will not impose any
duty, &c. for the purpose of raising a reve-
nue ; and the enacting part of which states,
that from and after the passing of this act, the
King and Parliament of Great Britain will
not impose and accept only, &c. the whole
of which is prospective, and does not, as we
thmk, affect the provisions of the Act 14th
Geo. III. cap. 88. It may be further ob-
served, that if the 18tb Geo. HI. had repeal-
ed the 14th Geo. III. the duties imposed by

131

the latter act must immediately have ceased;
and the Act. 18th Geo. III. caonot affect the
appropriation of the duties imposed by the
14th Geo. III. since the 18th Geo. III. is con-
fined to duties thereafter to he imposed, and
imposed also for purposes different from those
which were contemplated by the Legislature
in passiuiSf the 14th Geo. III. viz. the regula-
tion of commerce alone.

" We are further of opinion, that the act
14tb Geo III. cap. 88, is not repealed or af-
fected by the 31st Geo. III. cap. 31. It is
clear that ii is not repealed ; in fact, as we
observed, with respect to the 18th Geo. III.
if the act had been repealed, the duties must
immediately have ceased ; and as to the ap-
propriation of the duties, or the control over
them, nothing is said upon the subject either
in the 46lh or 47th section, or in any other
part of the Act 31st Geo. III. cap 31.'

" With respect to any inference to be drawn
from what may have taken place in Canada,
"within the last few years, as to these duties,
it may be observed, that the duties having
been imposed by Parliament at a time w hen
it was competent to Parliament to impose
them, they cannot be repealed, or the appro-
priation of them in any degree varied, ex-
cept by the same authority.

We have the honour, &c.

,„. ,. J. S. COPLEY,

tcjigneci) ^^^g WETHERELL."

Earl Bathurst, S^c. 8>fc.
Colonial Department, Downing Street,
2Qt/i June, 1823.

8*

Nothing can be more distinct ami explicit
than this. It is the highest legal authority in
the nation; and when sanctioned by along
course of practical operation of the law it-
self, and the general opinion of sensible men,
ought to be irresistible. Nor was it hid in a
corner ; for upon the nneeting, in 1824, of
that session of the Legislature in which the
Lieutenant Governor presided. His Excel-
lency gave verbal communication of it to the
Speaker and many Members of the Assembly.
But the Assembly were not to be driven from
a position so long and tenaciously maintained
by a mere declaration of the opiaion of the law
oflicers of the crown. The interests of the
Province, ihey said, were at stake ; and their
own ideas, they thought, were fully adequate
to the maintenance of those interests. In
proceeding, therefore, during that session, to
discuss a Bill of Supply, they entirely over-
looked this communication, and passed a
bill, founded on their old claim of exclusive
right to the disposal of the permanent reve-
nue of the crown, and calculated to raise th©
greatest alarm among the friends of the con-
stitution. How this bill passed the Legisla-
tive Council we shall leave to bo explained
by those who are better acquainted than our-
selves with the intrigue by which the meas-
ure was effected ; having no curiosity to pen-
etrate into the sanctuary of state chicanery,
especially when the results do not reflect
credit on the public business of the country,
la the despatch which accompanied this bill

to ED{?lan(l, the Lieut. Governor expressed
Jiis " infinite satisfaction, that the differen-
ces which had so long subsisted between the
legislative bodies on financial matters, had
been amicably settled," and " that the As-
sembly had decidedly acknowledged the right
of the crown to dispose of thie revenue arising
out of the 14th Geo. III." It is very evi-
dent, from the whole strain of this despatch,
that the Lieut. Governor thought sincerely
what he wrote. But upon perusing the bill,
the Colonial Minister was of a very different
opinion ; and in his long explanatory des-
patch of the 4th of June, 182.5, to the Lieu-
tenant Governor, and communicated by mes-
sage to the Assembly by Lord Dalbousie, on
the 14th March, 1826, the Minister says, — " /
regret that it is not in my poiver to consider this
arrangement as in any degree satisfactory.
The special instructions which had been giv-
en by His Majesty's command to the Govern-
or General, in my despatches of the 11th of
September, 1820, and 13tb September, 1821,
had imposed upon him the necessity of re-
fusing all arrangements that went in any de-
gree to compromise the integrity of the rev-
enue, known by the name of the permanent
revenue ; audit appears to me, on a careful
examination of the measures which have
been adopted, that they are at variance with
those specific and positive instructions. "
The minister goes on to say, " the appropri-
ation of the permanent revenue of the crown
will always be laid by His Majesty's com-

] 3 ''J

maud boforo the Uoiise of Assembly, as a
<locumiMit (or their iiiri)rmatioii, and for tho
,",0!ioral ro{:,uIatioii of their i»r()ceedings. They
Avill therein soo vvliat services are aheady
|>rovidod for by ihc crown, and what ix'niains;
lo bo provided for by the Legislature, and
they will be thus assin-ed, that the proceeds
of the revenue of the crown, (whether nioro
<)r loss, or from whatovor sources derived)
will exclusively and invariably be applied
under the (li.srrction of tho Jving's {j,overn-
luent, for the benefit of the I'rovince." IJis
Lordshi[) concludes thus-— " As tho bill is
liiuited to one year, I shall not think it ne-
cessary to reconmiond to His Majesty to
disallow it, but conlino myself to insiructing
his JMnjesty's re])resentativo in the Provinco
of Lower (>anad;i, not to sanction any meas-
ure of a similar nature." Again, " iras this
a prt'tenson set forth at the coniinencemcnt of
the late ailministration V

But this is not all— The Assembly and
their friends out of doors, fmding by thesteru
determination of Lord Oalhousie to al)i<le by
the instructions thus and otherwise conveyed
to him, got up petitions to the im])erial gov-
ernment and parliament in aid of thoir pre-
tensions. In a country, like Canada, where
the bulk of tlio people are ignorant, unedu-
cated, and credulous, this is an easy business
on the part of their representatives, w'ho to
secure belief, have only to state their own
view of the subject, no matter however wild
or improbable ; their constituents being gross-
ly ignorant of the publick aJtlairs of thecoim-

135

try, except as represented to iljonri tfirough
the distorted channel of ambitious and de-
signing dcrifigo^ucs, who alone, from na-
tional communion of language and manners,
can secure any kind of access to the minds
of the French Canadians. The petitions,
Avhich may be said to be only the petitions
of a party in the House of Assembly, were
entrusted to three delegates, who proceeded
to England, and laid them before the King
and parliament. The English population of
th« province, actuated by the proverbial con-
fidence of Bkito>s in the integrity, wisdora
and liberality of the Imperial parliament,
and resting satisfied with the mere truth and
justice of the cause which they espoused, be-
ing that of the King's Representative, pro-
ceeded no farther than a simple expression
of their sentiments in addresses to that dis-
tinguished nobleman ; approving generally
of his conduct, but especially applauding his
unswerving per=everance in resisting the
pretensions of the Assembly. Matters were
now at issue before the Imperial Parliament.
Mr, Huskisson, whilst there slating the views
of His Majesty's Ministers on the legislative
difficulties existing in this province, and so-
liciting a select committee lo take them into
consideration, with respect to the question
under discussion, explicitly stated, that the
duties levied by the act of J 774, in lieu of the
old French ones, were hryaa fide, the jjerma-
ry-nt rtvfMUc. of the Crovm. lie then goes on
to say :— " I believe there is no lawyer in
this country, noriudeed any one in the least

136

acqufiinted with the relative situation of the
parlies, who will deny, that as long as the
Crown appropriates that revenue to the ad-
ministration of justice in Canada, and to its
civil government pursuant to the act of 1774
—as long as it fulfils all the conditions re-
quired by good faith towards the Canadians,
no one, 1 say will deny its right to prescribe
the mode in which the revenue, consistently
with that act, shall be expended. There is,
I am sure, none who will not say that the
pretensions of the Legislative body lo take
the whole management of this money into its
own hands, are neither founded in law nor
practice." — There was not an individual ia
the House of Commons who could contra-
dict this. Nor did the Canada Committee, as
it has been called, venture on opposite grounds,
however much disposed, from party views,
to side with the House of Assembly. The
reportofthe Committee on this subject, is ia
these words : — " From the opinion given by
the law officers of the crown, your committee
must conclude, that the right of appropriating
the revenues arising from the act of 1774, is
vested in the crown." And, founded on all
these legal and legislative opinions, the late
message to the House of Assembly distinctly
declares, that ** His Majesty is not authorised
lo place the revenue under the control of the
Legislature of the Province.''^

More we will not, and need not say upon
this subject. All we ask of the candid, the
generous, and the unprejudiced, is, to peruse
our narrative ; aad brief and incomplete as

137

il is, "we have no manner of hesitation to a-
l)ide by their judjiment ; assuring ourselves
they cannot do otherwise than say with us,
that the '^pretension''' said in the Resohitions
of the Assembly to have been ^^ put forth at
the commencement of the late Administration,^^
was not the pretension, if pretension it may
be called, of that administration, or any par-
ticular period of that administration ; but of
the Kin^, the Imperial Parliament, His Ma-
jesty's Ministers, and of every Administration
of this Province since the conquest !

It has, however, been asserted by the ad-
vocates and partizans of the Assembly, that
the house have never denied either the exis-
tence of the 14th Geo. III., the interpretation
put upon it, or the powers with which its
enactments invest the Crown ; and that their >
claims only extend to the appropriation and
control of the whole revenue of the Province
when a vote of supply is solicited by the
Crown ; or, in other words, that when the
Governor lays the accounts and estimates of
the year before them for the purpose of ob-
taining supply, they have the undoubted right
ofsayiug, " we cannot vote a supply unless
you permit us to appropriate the whole rev-
enue ; for we find, that of the duties levied
under the 14th Geo. III. you have been too
lavish, and might have made a far more
proportionable and economical use of these
funds. You have taken too much to your-
self; you have given too much to the Chief
Justice and the other Judges : the salarv of

138

your Secretary is, by far, too high ; and, iu
short, your Excellency has been much more
liberal with the revenue at your disposal than
the services of the public officers deserve.
We can get the business done on a nouch
lower scale ; and the less we give of the per-
manent funds of the Crown, the less also it
■will be necessary to supply from our ow a
funds."

With respect to the first part of this posi-
tion which affects not to deny the existence
of the 14th Geo. III. and the consequent
right of the Crown to appropriate the funds
created by that act, it is so far correct, that
when in 1826, Lord Dalhousie laid the des-
patches of the Colonial minister and the
opinion of the Crown Lawyers before the x\s-
seitibly, their committee reported, that they
were '•'■not aware that the truth of these 'prop-
ositions had ever been contested.^'' But the
misfortune is, that all the votes and resolu-
tions of the Assenably upon this subject have
been mere cobwebs; manufactured to gratify
the excited disappointment of the moraent,and
anon to be broken through for the purpose of
facilitating a more ambitious and important
object. VVe have carefully perused all the
recorded resolutions of the Assembly upon
this subject, and here declare that we have
not seen the report of any committee which
does not contain less or more resolutions as-
serting the non-existence of the J 4th Geo.
IIL We could cite every one of these reso-
lutions ; but it will be sufficient at pre!?ent to
stats, that Mr. Cuvillier, the father of almost

139

all of them, strongly maintained, during the
late debate, that this act did not exist. His
words are important: "When the 14th
Geo. III. was passed, the country was too
poor to supply the deficiencies in the reve-
nue ; and it is only a few years since it has
risen to such a state as to be able to provide
for its own wants. During that time it
would have been absurd to repeal that stat-
ute ; it was the only provision we had ; but
he would contend it was virtually repealed*
not only by the act of 1774, and the consti-
tutional act, but by others." We shall not
certainly place Mr. Cuvillier's opinion ia
competition with that of the law-officers of
the Crown, or any of the other authorities
which we have already cited and detailed.
As to the last postulatum with regard to the
mode of voting the supplies, it will only be
necessary to observe, that if, as we are cer-
tain we have made out a case with respect
to the existence and force of the 14th Geo.
III., nothing could possibly he more absurd
than the pretension to any powers, of what-
ever nature, not authorised by the act itself;
and nothing more at variacce with the prin-
ciples of our constituti»n, than transferring
the rights and prerogatives of the Ci-own to
a popular and clamorous Assembly. In one
word, if this act be still in force, let it be
obeyed, and its dictates held sacred to their
purposes : if it be in force, and is neverthe-
less unconstitutional, let its formal repeal be
prayed for at the proper bar in a legal and
constitutional way ; and not by inference.

140

inuendo, misapplfcation, and forced con-
struction, as has unfortunately been the prac-
tice in this province for the last ten years.

As to a voie of supply this session, we have
no hopes of it. How can we? The Mes-
sage declares that the permanent revenue is
by "Law placed at the disposal of the Crown ;
but the Resolutions declare this to be a per-
sisting in the " jpretensions^^ of the " late Ad-
ministration,^^ and of consequence illegal ;
and, ergo, a supply would be a legal sanc^
tion of jhis illegality. " What then, is to
be done T" say a thousand tongues, and not
a few publick officers. Nothing, our well-be-
loved friends, but simply this : The Govern-
or, by message— T%e Message— has already
informed the Asseiiibly, that he has £38,100
at his disposal. If the government stand ia
need of more, which it will unquestionably.
His Excellency will call upon the Assembly
for the balance-— say, thirty or forty thousand
pounds. If the*Legislature vote this supply,
without any questions as to the appropria-
tion of the £38.100, good aud well ; and their
doing so will be one good symptom of a turn-
ing back to a sense of duty and constitution-
al conduct. If not, the Governor must do
as he best can, pay away his 38.100, ae far as
it will go ; and then tell the poor unfortun-
ate devils who call afterwards, that they are
too late ; for that the House of Assembly have
locked the door of the Treasury !

We now come to the Declaration of Inde-
pendence—by far the most important ques-
tion that can be agitated in a British Colony.

141

The Resolution involving this declaration, is
couched thus :

" 5. Tiittt no interference of the British
Legislature ivith the established Constitution
and Laivs of this Province, excepting on such
points as from the relation between the Mother
Country and the Canadas can only be disposed
of by the paramount awhority of the British
Parliament, con in any way tend to the final ad-
justment of any difficulties or misunderstand-
ings which may exist in this Province, but
rather to aggravate and perpetuate them.''''

The only good that can be said of this Res-
olution, is, that although it was intended to
assert a denial of the supreme legislative au-
thority of the Mother Country in every re-
spect,it had neither the courage to avow such
revolutionary sentinrients in plain terms, nor
tojoiu the hue and cry of the demagogues
outof doors, who themselves fearlessly deny,
and teach — -industriously teach— Xhe'w more
peaceable neighbors also to deoy,lhe supreme
legislative powers of the Imperial Parliament.
It is, indeed, we are sorry to say it, only in an
ignorant and illiterate colony, like Lower
Canada, disturbed as it at present is, by an
infamous and revolutionary faction, exposing
by every step the rotten malignity of its men-
tal barbarism, that such unworthy sentiments
could for a moment be entertained. But we
have ourselves alone to blame ; at least the
British government will alone be responsi-
ble, should the evil consequences of such
sentiments ever come to maturity, which
God forbid. We have no earthly desire to

142

tHirowoilitim olllior on irionor mliuHtors ; hut
this uiiK'li wc iiiusl Hiiy — and say it hohlly —
that if over ihrro (ixisrc<! (lultUck inoiiNiiroB
cahnih-itud to instil iiii|)i'o))(;r uotiouti oi'coii-
Mtiluiional ntithoiity into the luiuds of hu
illiteralo propU) -indato them with luuhio
notions of tiioir own national c«)ns(U|iH)nco---
iind>iio thoni with ido^js ofcontornpt of (ho au-
thority and stahility of thu principles of tho
British };ov(!rnineut-— an«l tnoholden them to
deeds «d'irre|>ularity and vi(denco, they have
been tlie ealioiiH, timid, viscillatinp,,vvaveiing,
und unjiisliliahly conciliatory eondn(*t of
(«ieat liiiiain to\var<ls Lower Cantida ! We
do not mince tlie matter. Trnth alone can
olicit propriety uud principle in conduct ;
and of the fact now stated, there is uniple
evidence in every pa}»;e of the history of this
I'royince. 'I'he eh^venth houi-, howevia-, has
not yet arrived. In the mean lime let us
hope?, that the anarchy vv Inch at present reigns
in tliis Province will excite the more imme-
diate attcnti(m of the Imperial (>overnmetit,
and ultimately secure to us the tran<piillity,
peace, ami pros|)erity which Cmistituto the
inherent rights o( a British Population.

Hut how Ktaiuls the matter with respect to
the legislative authority of tho Imperial Par-
liament over the peo|)lo and Legislature of
this Province, not it native cohuiy, hut a con-
quered one? i'orourown pari, we think it
most clear and certain, that this authority in
omnipotent and unhounded, with the singlo
exception of local taxation without mutro-
polilaii rcprcscntution. Thisbccnis not only

143

to 1)0 a general inherent principle of the con-
nection wliit'h sul)Hists betwcoii iho mother
country and her Colonies, itn|>lyirig protec-
tion and ohediencc, but the Uiclates of the
declaratory act, <>tli (j!eo. HI., and the Con-
Btitutional act of this Province. The first
cx[)rcs8ly declarcH, "that the said colonies
have heen, are, and ol'ri^^ht ou^ht to he, suh-
ordiuato unto, and dependent on, the Impe-
rial (y'rown and Parliament of CreatlJritain ;
and that the King and l*arliament of Great
IJiitain, had, hath, and of right ou{iht to
have, full power and authority to make IaHWH
and Siaiules of sullicient force to hind tho
Colonies and Ilia Majesty's subjects in them,
in all casts whatsoever. And it iw further de-
clared, that all llesolutions, votofi, orders and
))roccedit)j^K in any of the «aid Colonies,
whor( by tho power and autfLorilij of the Kin^,
Lords and Commons of Great Britain, iu
Tarliament assembled, is denied or drawn
into (juestion, are, and are hereby declared
to he, ulUrbf null and void to all intents and
purposes whatsoever." No one will assert
that this act has been repealed. ConHe(|uent-
ly, the Kesolutifin above rehearsed, drawing
the authority of the Imperial Parliament into
question, is ispo facto, null and void. If, there-
fore, tlic Asseml)ly wish to enforce and fol-
h)vv it up, they have only to rally their parti-
zans around them, and do so with knives and
daggers at men's Throats. Our own consti-
tutional act is no less explicit; and through-
out its whole enactments implies the right to
amend, tiltcr, arid eveu tiike away, as weli

144

Us conror rights niul innnuiillioi3. The socoud
sortioii of llinl not (lorhircs, that, tho pnwoi's
tliorehy roil lb ire (.1 on His IVlajosty and tho
liO^islatiiro tcMnako liaws, shall only exist
^^ (litrina; Hie ('onliiUKiiiCf of this ocl.'' l)oc3
this not imply llio ri^ht to annul and tornii-
uuto our (>(»nstiiutional act ilmolf, iinoccssa-
ry, quite contrary to tho whole scope and
tonor oCthe Kesolufions ol" tho Assenddy ?
liCanud and ftoiunirdhlf j^ontlonmn ouji,ht al-
so lo recollect that this act pi<iscriho3 an or/M.
>vhich must ho taken hofoio they are porniit-
tod to sit in tho As8end)ly ; and that this oath
imposes f'iiiih and allegiance upon them to
their Kinj;, " as lavvi'ul sovereign of tho
Kin};d(Mn of <»reat Hritain, and of ihcso
l*rovinc(>s, dependent on, and helonging to,
the ; aid Kinf;dom." Now, this is an oath
^vhich is taken in no part of tho I'impire, ex-
cept in tho Colonies. 'JMio inhahitants of
10n;;land, Scotland, Ireland and Wales, nev-
er take such an oath as this, hecause ueither
of these countries is ^'' (hpcmlcnt on, and he-
longriif:;, tOf thv said KiHixdoni, hut, united
one with the other, form that Kingdom up-
on which this Province is declared to ho
*' (Ujxndrnt.'^ To deny, therefore, the de-
pendency of this Province upon (Jreat Brit-
ain and the supreme authority of Parliament
(o alter or amend our (Constitution, is not
only an act of tho hasost contempt and in-
gratitude, hut downright perjury and trea-
son. Nothing can possihly he more ahsurd
than to sup|)ose the I'arliament of (Jreat
Britain possessed of powers of legislation,

}4.i

wfiic'h, liko ihft laws of iho Mednw nrnl Per-
wians, thoy roulrl noiflu;!' Jim(5nr|, <'lKiri(.^o, not*
aliroj^aU). 'J'liis would Ik; inJdUihifitij witli
a von^onrice ; and which no eidii^htcuod
comriiuniiy or hody politick will < vnr, wo
arc Hiirc, jisKnrno, without ;jt otjcc .inrjihihit-
inj';; tfio host int,oi(*sts of socioty. Yet this is
what the [{(!SohjtiorjH conlornplnte. liut
happily lor the country, tho authoih of the
CoiiHtitutional act coniorriplatcd no Huch
thin^ ; an<l great and wine fhonK,f< thry wcro,
thoy nov(!r droarnod of rcnderiiij; tlicir rria-
turcst uioaHui-(!s irrovocahlo. 'I'ho ohHcrva-
tions of /'/7,/ alone are Budiciont y)roof of thin.
Ilo Haid, " [f the Legirtlature is not projjer-
ly constituted at Jlrnt, it must he recollected,
that it iH Huhjccf. to nmion, and that it nii^rht
easUi/ (i.flmwd.rdn hi: f/Z/wr/." In the rnrtno-
rahlo «lisciJSHiori which, three years '^inec,
took place in the House of ConiinonH on tho
refractory di-iiposition manifested hy tho West
India (Jolonics relative to the emancipation
of their slaves, no sentiment was more unan-
imously acfjuiosced in, tlian the power and,
legislative authority (d' I'jirliamenr over tho
intcrmd -.iiVnirH f>ft,hc (Colonies. 'I'he great-
est statesmen of the day — among whom was
Sir James Mackintosh — ^icdned in this opin-
ion, the Kuhstance (tf which was, *' Shall they
the colotnes — dare to resist the authority of
Parliament ? Ifthey do, we shull teach them
a lesson hy doing for them hy compulsion
what they refuse to do hy persuasion." We
shall here ask tho Mousoof Asscndily and their
partizaus a aimpic fpjesliofi ; " Arc the pow-
9

14(5

cr and authority of the Imperial Parhanient
over the Colonics, less or more now than
they were in 1791, when the Constitutional
act was passed /" Neither the one nor the
other, our good friends, hut just the samesu-

Frome omnipotent authority that ever it was.
f less, hy wliat circumstance have they heen
lessened ; for nothing, you will — you 7nust
acknowledge, could have heen more fortu-
nate to this Province than that this domina-
tion of authority did not take place previous
to the ahrogation of the 14th Geo. III. cap.
88 — the first Constitutional Act of the Prov-
ince ; and an actio which the " Nation Can-
adienne,^^ still cling with a fond grasp, similar
to that of the sinking mariner, when all is
nearly over, and his ho|)es ahout to perish
forever. It'more, surely the same extent of
authority may now he granted to them which
they possessed at the time of destroying aa
old constitution and creating a new one. By
the king's proclamation of 17G3, the English
laws and Constitution were guaranteed to
those " lovins: suhjects^' who " wore or should
become inhahitants" of this Province. Lot
us ask whether the breach of this royal prom-
ise under the great seal of Great Britain, is a
greater stain in the imperial character of
(Ireat Britain, than the abrogation of the
Qunboc act of 1774, or any other act that has
si«if:o been j)asse(l / Assuredly not! and Eng-
land, whdst she his a colony to claim and
own her sway, will have cause to regret and
deplore a cruel and unnatural act, by which
British boru subjects have beeii rendered /or-

147

eigners — (so they have ever heen called ly the
French Canadians) in laws, Innguagc aud
manners, in a colony won l>y l?ritish blood
and British bravery. In refuting the insane
doctrine laid down by the majority of the
House of Assembly on the subject of the abovo
resolution, Mr. Ogden, the Solicitor General,
stateil that '■'there were duties as well as rights''*
imposed upon the colonies. " I am well
aware," said a great statesman, " that nicn
love to hear of their power, but have an ex-
treme disrelish to be told of their duty." This
is, of course, because every duty is a limita-
tion of some power. Wo shall, therefore, in
this place, and in conclusion, lay down a few
of those principles which have been pointed
out for the guidance of the colonies by the
greatest philosophers and statesmen that ev-
er flourished in any country. That great
authority. Sir Wm. Blaclcstone^ in discussinc;
the authority of the Mother Country over tho
colonies, says :-— " What shall be admitted,
and what rejected, at what times, and under
what restrictions, must, incase of dispute,
be decided in the first instance by their owa
provincial judicature, subject to the revision
aud control of the King in Council : the
whole of their constitution being also liable
to be n€w-*nodelled and reformed by the gen-
eral superintending power of the Legislature
of the Mother Country." In a note it is ad-
ded, "The bare idea of a State, without a
power somewhere vested to alter every part
of its laws, is the height of political absurdi-
ty." There can be no gainsaying of this

148

doctrine, especially in a conquered colony
like this one : for says Lord Mansfield, in
deciding, in 1774, the iwiportaut caseCainp-
bol! versus Hal!, '* A country conquered by.
the British arms, beconfi<"s a dominion of the
Kiiig in right of the crown ; and therefore
necessaHhi p.uhjtct to the legislature and par-
liament of Greai Britain." ''I ain no eour-
tier of Ame. ica" Sriid the great Chatham, •'!
ain ,00 courtier of America : I stand up for
this kingdom. I maiuruiu that the parlia-
ineat has a right to hind, to restrain Ameri-
ca. Our Legislative power over the colonies
is Sovereign and Supreme. When it ceas-
es to be Sovoreiga and Supreme, I would ad-
vise every g-^^ntieman to sell his lands, and
embark to that country. When two coun-
tries are connected together, like England
and her colonies, without being incorporat-
ed, the one must necessarily govern ; and
the greater must rnle the less." In another
place he adds, " At the same time, let the
sovereign authority of this country over the
colonies be ass^r.ed as strong as terms can
be devised , And he made to extend to every
point of legist 'tion."

On the same occasion, Mr. Grenville, while
he reprobated the general conduct of minis-
try, said, "that this kingdom has the sove-
reign, the supreme legislative power over A-
merica, is granted; it cannot he denied."
*' When I proposed to tax America, T repeat-
edly asked the house, if any objection could
be made to the right ; but no one attempted
to deny it. Protection and obedience are

149

reciprocal. Great Britain protects Ameri-
ca. America is bound to yield obedience.
If not, tell me when the Americaus were
emancipated. When they want the protec-
tion of this kingdom, they are always ready
to ask it : that protection has always been
afforded them in the most full and ample
manner.

Mr. Burke, in his celebrated speech, in
1774 ; on the motion for the repeal of the
duty on tea, said, " The parliament of Great
Britain sits at the head of her extensive em-
pire in two capacities : one as the local leg-
islature of the island, providing for all things
at home, immediately, and by no other in-
strument than the executive power. The
other, and I think her noblest capacity, is
what I call her imperial character; in which,
as from the throne of heaven, she superin-
tends all the several inferior legislatures, and
guides and controuls them all without annihi-
lating any. As all these provincial legisla-
tures are only co-ordinate to each other, they
ought all to be subordinate to her. It is ne-
cessary to coerce the negligent, to restrain the
violent, and to aid the weak and deficient,
by the over-ruling plenitude of her power."
" I have held, and ever shall maintain to the
best of my power, unimpaired and undimin-
ished the just, wise, and necessary Constitu-
tional superiority of Great Britain. This is
necessary for America as well as for us. I
never mean to depart from it. Whatever
may be lost by it, I avow it." " He that ac-
cepts protectioa" says Dr. Johnson, *' stipu-

150

lates obedience. We have always protected
the Americans ; we may therefore suhject
them to government." In short all great
statesmen, and political writers of note, are
unanimous in declaring that the mother
country possesses— not a casual or eccen-
trick— hut a true constitutional and incon-
trovertible supreme legislative authority over
her colonies at ail periods and in all points
"whetherexternal or internal; and, without pur-
suing the subject further, we flatter ourselves -
we have satisfactorily proved that it is so.

If any reader have honoured us with his
company this far, we have to apologize for
detaining him so long upon the last subject.
But, as nothing can bo of greater conse-
quence both to the mother country and the
colonies, than a proper notion of their rela-
tive duties and situation ; and, in particular,
as ttothing is so apt to promote the prosperi-
ty of a colony as a just understanding of its
real rights, and a distinct knowledge of the
limitations of its legislative capacity, we trust
that no man will condemn our efforts to ef-
fect this desirable object on the present im-
portant occasion, however rudely the task
may have been executed.

Upon the whole, like the elder Cato, who-
is said never to have concluded a speech but
with the ominous words " Delcnda est Car-
thago,^^ we think wecanuotclose the present >
essay, as well as those that may follow, bet-
ter than with a prayer for A le^hlatim xinion
t> flipper and Lower Canada.
' Wlh Deceviber, 1828.
0^

NO. VII.

" JValchman, what of the night ?"

• Perceiving that a great deal of discussion
lias already arisen, and is likely further to
arise, on the suhject of the dilFerenee hctweca
the English and Frtnch laws existing in this
province ; and knowing that the former
ought, and should, and shall ultimately, pre-
vail in this Province, we here think it proper
to give a historical sketch of iheir introduc-
tion immediately after the conquest ; shew-
ing, as wo go along, the right and the power
of the conquering country so to itjtroduce and
iTjaiutain them. JJy acts of parliament, whoso
folly and ignorance can never he sufficiently
<icplorod, these laws have, indeed, heen since
banished from the Province, and thereby
stigmatized and proscrihed hy those who
should ever be their truest and sternest sup-
porters ; but as, from a variety of concurring
circumstances, it is evident that a revival of
them will he necessfiry, in order to securo
the loyalty and allegiance of the Province,
wo deem, that no time ought to he lost in
bringing hack the public to a view of their
rights and privileges on so important a sub-
ject. This sketch will also serve as the ha-
sis of some constitutional topicks which it is
our intention afterwards to discuss, relative
to the formation of our present constitution
of Government.

"The British Constitution," says an ex-
cellent writer* of the present day, " is the

*Lacon, vol. 2, p. 14G.

152

proiulost politicjil monmnontof tho combined
ariil |)r();rressi\fe wisdom of man : throu}.^h-
oul tho Avholo civilized world, its preserva-
tion ouglitto ho prayed for, as a choice and
peerless model, uniting all tlio beauties of

1)roportion with all tho bolidity of strength. "
nHI>iro{l with this noble soniinjent, we iiave
taken up our humble pen, in tho hope of be-
in^ able to ()ri>ve, by the mere recital of a
few phiin facts, that nothing can be more
destructive of this beautiful fabrick, than the
hateful and unnatural practice of ingrafting
on its present pure and unsullied stock, the
barb;n'ous and dospotiek systems of foreign
governments. In pnrticidar, that nothing
can bo less conpjenial with each other ihan
the Brilish Bulwark of universal freedom,
cemented and iriatured as it hns been by tho
blood of the brave and tho wisdiun of the
sajj;e, and those gothick ruins from the midst
of which, like the Phoenix, it has soared on
high, the envy and admiration of the civil-
ized world ; and, consequently, tluit nothing
could be more impolitick than conferring tho
privileges of our free utid generous constitu-
tion mi the French popidation of Canada, and
permitting then) at thesiitne lim tho full and
iVeo exercise of those slnvish and anti-com-
rnorcial laws and customs which their lineal
ancestors, the Salian I'ranks, built on the
prostrated jnonuments of Koman grandeur;
laws and customs which have l.appily been
banished from almost evory other cpiarter of

the >Yorid, as totally mifit, iu tho pruseui ca<

9**

153

lij^litoufid (MM, to rof^ulnte the conducr, seciir©
l\\v iiilorcsts, or urcsecvo llio liluMtics of any
class ol pooplo. llithctruo that the I'l-oiicli
ol" Canada, liko the anclont inhahilants of" It-
aly, of li'(daiitl, and of NV'ales,havo hecncon-
qiioiod into tho tiiijoyrno.it of true lih(Mty, tfiat
conquest ou^hl to havo he(;n conipUlcd : at
least, some |n'ospecl ou/i,lit h)nj; a};o to Ijuvo
hern hehl out to thoseuhoso fortunes are no
J«>ss conuccted with the fate of this Piovinco,
than their alfoetions are sineero, anti their
prayers ardent, for the }i,h)ry and welfare of
the iMothor country, that some system simi-
lar to rliat which had heen adopted so suc-
cessfully in gradually a<lmitting Irelaiul and
Wales iiito a full p;trticipatioi) of the hiwa,
customs, lan;>;uaf;e, and general p"lity of the
con(|ueriug state, shoidd also he foIlovv(M!
with jespeit to Lcnmr Canaila. iUjually uu-
fortKuate for ihe happimvss of the province,
as deiriinental to the naval and commercial
prosperity of the Empire at large, a line of
policy, diamofricnUy the reverse of this hns
<iver hecii the }i;uidinj; star of our rulers and
statesmen. 'I'hey found Canada, at tiie con-
quest, the suhordinalo and I may a(UI, tho
trihutary province f>f a despotic sovereign;
and the inhal>iiantH in a condition more ro-
semhliug slavery than a (vi^e and intlepend-
cnt people, hiiving rights to maintain and
jiroperty to de-fend. Iteyond the food which
nourished them, and the clothes which shel-
tered them from the iuclenu^ney of the weath-
er, they had no desires ; and with these, per-
haps, that igQoranco of civil and political

154

hnppiuoss whieli tlioy inhoi-ilocl from tljelv
nnocstors, tauftht ilunn to be contcntoil.
Tlioir rules ol" inhoritniieo and tenure were
feudal to the core ; ami t!io gloomiest fea-
lures of that barbarous code which arose in
the forests of (lerin.uiy. jxuieir.Ued into iho
■wild* ol" Canada, whore they were dtujpiy
nnd indelibly iinpressetl by the power of tlio
sword. In tho niakinji; of tlieir own laws
they hnd no voice, Tlieso were furnished
ready-made from France in the same way
that the manufactures of that fann>us et)un-
try were brouj^ht to them : with ihis dilVer-
ence, that they f^enorally came \\ ithout be-
ing asked for, sometimes overstocking, but
more frequently of a character quite unsuit-
able to the maiLrt. The rid ministration of
justice bore all tho characieristicks of tho
basis on which it was founded. All that caa
be said in its favour, nnd that is no common
recommendation in these days of delay and
procrastination, is, that it was expeditious,
■which may bo easily conceived when we
recollect, thut the sword, nnd putting tho
question by torture, were the principal in-
strujnents employed in putting tho laws into
execution.* It is well known, that letters t/e
Cachet wore in use throughout all the French
dominions, without any opposition whatso-
ever on tho part of tho people, or any imag-

*.Tt was only in 1780 that the torture, a bru-
tal custom which had been so established by
the practice of ages, that it seemed to bo au
inseparable part of the constitution of the

ijj

inatlon tlj?*l any remedy could be had against
them by an application to any court f»f jus-
tice. And it is certain, that under the I'lench
OovernrjfKrnt in Canada, the pcojde were
cornpel!<;d to (inj^Mjie as Holdiern v\'b«;tb<;r they
would or not, and to march to the most dis-
tant points of the country, even as far an
Acadia and the Ohio, to make war upon the
JJritiHh or the Aborijrines. The essence of
the French la'v, as pracli;ied, and formerly
enforced in tiiis province, was well urjder-
gtood to be contained in tbcie significant tfi.on-
osyllables, si veut h to!, hi vcut h, lot ; i. e.
thai, whkfi t.'ie KinfrwiU, the Urw nrdaina. If
it w.vi ffis Mjijesty'spleatiure that a man ob-
noxious fo him should be iniprisoned in a
j)articular castle, or fortress, or monastery, for
any length of time, be fiad nothing to do but
gign bis letter dc cMrMl for that purpose, and
away went the unfortunate individual to tho
place of hi-; confinement by a Cornet of bor^e,
with a proper number of troopers tf> support
him. No body ever thought of applying to
tlie courts of justice to procure his release,
nor did be himself ever venture to bring an.
action of false imprisonn»ent against the per-
sons who executed the letters dt cachH a-
gainst fjim, nor against those who detained

courts of rr-'juce, was abolished by the hu-
mane but unfmtunale Louis XVI. I'be con-
quest gave Canada twenty years preceden-
cy of the "Mother State, but it cannot be said
which country haa bceu most cvnspicuous for
itu gratitude.

liiin ill confinomcnt.f In latter times, bow-
over, (U)()o-4) a };rcnt sovereign council, sim-
ilar in its constitution lo the parlian^ent of
Paris, with suhordinaio triltuuals and juris-
dictions, vvas instituted. But the sovc eign-
ty of France not being yet able, if inclined,
to ilivest itself of those despotick attributes al-
most indisputably enjoyed for centuries, all
those courts of justice necessarily )>artook of
the })olicy, which is unavoitlable to all na-
tions that have made slender advances iu"
refinement, such as tlic norlherti conquerors,
as well as the more early Greeks and Ro-
mans ; and in all of tlieiu were united the
civil jurisdiction with tiie military power.
To use the expressive wt)rds of <^harlevoix,
(vol. i. p. ^^z"^^, vit'o infra) they were tribunals
of the sword. t

Such is a faint and brief sketch of the civil
and political condition of (^auada previous
to its conquest by the l>ritish arms. That
despotism was the ruling power, as well iu
the province as in the parent country no one
can possibly doubt. 15oth the one and the
other boro the impress of that most hateful
and degrading system of (jJoverumcnt. Iu

f See Ma/.cre's Collection.

i"Telles ont etc les attentions du feu Roy,
]>our procurer a ses sujets de la Nuuvellc
France uncjustice promptc et facile, et c'est
sur Ic modcle du couseil superriour de Que-
bec, qu'on a depuis etnbli ceux de la JMartiu-
ique, de Saint Dominique, et d© la Louisi-
»ne. Ttd CCS conseilsJ)'Epcc,'^

157

'a

both the subject was told that he had no
rigpjts ; thai he could not possess any prop-
erty, iodependeiJt of the niouricniary will o*
his prince. Tliese doctrines are founded oq
the maxims of conquest ; they must be in-
culcated with ihe whip and the sword : and
are best received under the terror of chains
and imprisonment. Fear, therefore, is the
principle which qualifies the subject to occu-
py his station ; and the sovereign, who holds
out the ensigns of terror so freely to others,
has abundant reason to give this passion a
principal place with him.self.|| How fatally
those priociples in political science have beea
realized in France, we are sure we need not
touch upon. But how, upon the conquest of
Canada, it ever became a question, whether
this state of things should be continued in
whole or in part, or, in other words, whether
the inhabitants should be restored inintegrum
to all their ancient laws and usages, or these
mixed up with a reasonable proportion of
English laws, in such a manner as should
suit the circumstances of both the old and
the new inhahitants, is a thing not so easily
to 1)0 accounted for. This is a matter of
which history has preserved no record, at
least beyond the secret unapproachable pre-
cints of the cabinets of ministers. If the evil
consequences which have ensued were only
to lighten the heads of those who urged such
a discussion, we have no doubt the world in
general would be as little inclined to pry into

j[Ferguson on civil society, p. 107,

15S

their closets for information on this subjeci%
as the good people of Canada would be dis-
posed to relieve therh of the burden thus
brought upon themselves. True it is, how-
ever, that the latter alternative was that
"which, after much procrastination, more
vascillatjon, and a great deal of unstatesman-
like conduct, was in an evil hour pitched up-
on ; and sure we are, that since chaos re-
signed his sceptre, mankind have never been
cursed with such a confusion of ail those
laws and customs which preserve alike the
civil and political interests of society.

We shall here briefly rehearse the system
which was pursued in legislating for Cana-
da, from the conquest till the granting of the
present constitution ; and we are convinced,
that every person who will take the trouble
of perusing our provincial history during that
period, will agree with us in opinion, that a
more bloated, a more absi»rd, a more uncon-
stitutional or impolitick system, never dis-
graced the annals of the British Empire.

It was on the 13th September, 1759, that
*' The bloody die was cast on the heights of A-
hrahamy From that period, till the peace
of Versailles, which took place on the lOlh
of February, 1763, the Province was neces-
sarily subjected to military law.

Upon the conquest, the commander of the
forces in America established Courts in the^
several Districts into which the Province was
then divided, for the purpose of administer-*
ing justice to the inhabitants. Of these in-
stitutions His Majesty was pkased to signify

159

his Royal approbation, and to command the
same to subsist and continue until a civil gov-
ernment could be legally settled in the Prov-
ince. These tribunals continued to exercise
their functioiis from the 8th of September
1760, thtr date of the capitulation of Montre-
al, until the 10th of August 1764, when civil
government was established throughout the
Province. On the 20th September folio w-
iner, an ordinance was passed by the Govern-
or and Council approving, ratifying, confirm-
ing, and giving full force and effect to all or-
ders, judgments and decrees of these Courts
denominated in the ordinance, " The Mili-
tary Council of Quebec and all other Courts
of Justice in said Government." There was
however, an exception to such cases where
the value in dispute exceeded the sum of
three hundred pounds sterling : in which ease
either party might appeal to the Governor
and Council of the Province.*

Upon this subject it seems to be agreed
among writers on inter-national law, that til!
there be an absolute surrender, military law
must prevail in every country, and supersede
the common law ; but the moment the new
Sovereign is in peaceable possession, the me-
Tuni imperium, or power of the sword, or the
haute justice, as the French Civilians call it,
to be exercised accordiiig to common law,
takes place : and this power must ex'end to
all crimesthat concern the peace and dignity
of the crown. These ave mala in se, crimef§

* Fide Ordinance dated to 20th Sept. 1764*

160

in themselves, and universally known in eve-
ry nation. Those crimes which arise from
prohibitions are not known, and therefore
they are not governed by penal statutes an-
tecedent to the conquest. The mixium im-
perium of personal wrongs and civil property
must be promulgated before the ancient laws
are understood to be altered. f This is the
first step or era in our legislative system.

In the condition above sketched, Canada
by the definitive treaty of 1763; was ceded
to the crown of Great Britain absolutely, and,
to use the words of the treaty itseif,J " that

fMariott.

j" IV. His Most Christian Majesty renoun-
ces all pretensions which he has heretofore
formed, or might form to Nova Scotia or
Acadia, in all its parts, and guarantees the
whole of it, and all its dependencies, to the
King of Great Britain.

" Moreover, his Most Christian Majesty
cedessand guarantees to his said Britannic
Majesty, in full right, Canada, with all its de-
pendencies, as well as the Island of Cape
Breton, and all other Islands and Coasts in the
gulf of the River St. Lawrence, and in ge-
neral everything that depends on the said
countries, lands, islands, and coasts with the
sovereignty, property, possession, and all
rights acquired by treaty or otherwise, which
the most Christian King and the Crown of
France have had till now over the said coun-
tries, islands, lands, places, coasts and their
iflhabitants; so that the Most Christian Ring

161

iu the most ample manuei* and form, with-
out any restriction, and without any liber-
ty to depart from the said guarjlnty under
any pretence, or to disturb Great Britain in
the possession above mentioned." In conse-
quence of the powers thus vested in His
Majesty, the well-known rights of the Crown,
constitutionally as well as imperially, and the
reservations and conditions of the capitula-
tion for Montreal and Canada, his Majesty, on
the 7th of October, 1763, issued a proclama-
tion,* by which those who were, or should Se-
cedes and makes over the whole to the said
King and to the Crown of Great Britain, and
that in the most ample manner and form,
without any restriction, and without any li-
berty to depart from the said guaranty under
any pretence, or to disturb Great Britain in
the possessions above mentioned.

*' His Britanic Majesty, on his side, agrees
to grant the liberty of the Roman Catholic
religion to the inhabitants of Canada. He
will consequently give the most effectual or-
ders, that his new Roman Catholic subjects
may profess the worship of their religion, ac-
cording to the rights of the Romish Church,
as far as the laws of Great Britain permit.''*

*This proclimation refers indiscriminately
to Canada, East Florida, and Granada.

" And whereas it will greatly contribute to
the speedy settling our said new Govern-
ments, that our loving suKjects should be in-
formed of our paternal care for the security
of the liberty and properties of those who «re^

162

come inhabitants of Canda, were assured, on
the royal word, thai for the security of their

and shallbeconie iahabitantsthereof ;we have
thought fit to pubhsh and declare by this
our proclamation, that we have in the letters
patent under our great seal of Great Britain^
by which the said governments are constitut-
ed, given express power and direction to our
Governors of our said colonies respectively,,
that so soon as the state and circumstances
of the said colonies will admit thereof,
they shall, with the advice and consent
of the members of our Council, summoa
and call general assemblies within the said
governments respectively, in such manner
and forms as is used, and directed in those
colonies and provinces in America, which are
under our immediate government : and we
have also given power to the said Governors,
with the consent of bur said council, and the
representatives of the people, so to be sum-
moned as aforesaid, to make, constitute, and
ordain laws, statutes, and ordinances for the
public peace, welfare, and good government
of the said colonies, and of the people and inha-
bitants thereof,as near as may be to the laws of
England, and under such regulations and re-
strictions as are used in other colonies; and in
the meantime, and until such assemblies can
ba called as aforesaid, all persons inhabiting in
or resorting to, our said colonies, may confide
in our royal protection for the enjoyment of the
heneft of the laivs of our realm of England ;
for which purpose we have given power im-

16^

liberty and property, express power and di-
rection should be given to the governor of the
province, as soon as circumstances would ad-
mit of it, to summon and call a general as=
sembly, with power, in conjunction with the
governor and council, to make laws, statutes
and ordinances for the peace, welfare and
good government of the inhabitants as near
as might be agreeable to the Laws of England,
and in the meantime, and until such Assem-
bly could be called, all persons inhabiting op
resorting to the province, might confide in the
Royal protection for the enjoyment of the benefit
of the law of the Realm of England. In con«
sequence of this publick and, I may say, na-
tional guarantee^ that not only the English
laws and judicial proceedings, but a free re-
presentative government, modelled upon that
of the conquering country, had already, or, at
least, were about to be established in their full

derour great seal to the governors of the said
colonies respectively to erect and constitute
with the advice of our said councils respect-
ively, courts of judicature and public justice
within our said colonies for the hearing and
determining all causes, as well criminal as
civil, according to law and equity, and as
near as may be, agreeable to the laws of Eng-
land, with liberty to all persons who may
think themselves aggrieved by the sentence
of such courts in all civil cases, to appeal un-
der the usual limitations and restrictions, to
us in our privy council."
10

164

force and vigour in Canada, many hundred

Oiitorprijiing families of boili ngricultnral and
conuuercial eapilal resorted to the province,
in the firm faith, and full belief, thai the
change of their native for a strange and dis-
tant clime, nith a few years of iudustrious
hartlship [leculinr to the settlement ofanew
coiHitry. woiikl complete the catalogue of
their trials; and that their birth-rights, the
laws and govcrnmeDt of Eughuul, would
ever be maiutaiued in the terras set forth in the
above recited proclamation. f l>ut, to the
dishonour of l^nglaud. and the confusion of
the Colony. they were deceived: and therefore
some very imjiortauf questions soon after-
wards arose with respect both to the general
powers of sovereignty over a conquered peo-
ple already in possession of laws and civil
institutions of tlieir own. and the efilcacyof
the proclamation of IToS. in introducing the
laws of Euglau<l into the province. Wo
shall dwell a little on these important sub-
jects, as we think we shall be able to prove
very satisfactorily, not only the right of the
King of Great Hritaiu lo take away the laws
of tlie conquered country, and substitute such
other laws in tiieir place ;is. eiti;or by himself
or couiointly with the legislative wisdom of
the nation lie may think proper, but also that
the laws of Kngland were ipso facto intro-
duced into Canada ami the ancient laws of

f See Letter from the British inhabitants
of Canada to Lord l>urtinouth, prciserved by
Mascrcs.

155

the province, as a matter of course, wholly
and In reality superseded.

With regard, io the first place, to the right
of the king, on the general principles of the
laws of nations, as well as of the empire, to
alter and change the laws of conquered or
ceded countries already in possession of iaws
of their own, there seem to exist no doubts
whatever ; and indeed, it is impossible there
could be, as in all the conquests of England
this right has uniformly been exercised to the
entire exclusion of every other right of inter-
ference. But with regard to Canada in par-
ticular, if any doubts could at all be enter-
tained, tliey are completely obviated not only
by the uncoLulitioual terms in which by tho
treaty of peace the couutrj'^ was delivered
over to Great Britain, but also by the capit-
ulation with the inhabitants themselves ; both
of which are sacred ami inviolable according
to their true intent and mejining. In the
forty second article of this capitulation,* tho
demand was that ''the French and Canadi-
ans shall continue to be governed according
to the custom of Paris, and the laws and usa-
ges established for this country." The ans-
wer was " //?t\y become subjects of the King.''^
The inevitable consequence was, that their
laws were liable to be changed by their ow ii
act as well as by the inherent rights and

*Art. XLI. The French Canadians, and
Acadians, of what stale and condition soev-
er, who shall remaiti in the colony, shall not
be forced to take arms against His Most

166

powers of the new Sovereign. f There is
no gainsaying this self-evident fact. A
country conquered by the British arms, be-
comes a dominion of the King in right of his
crown ; and therefore necessarily subject to
the legislature and parliament of Great Brit-
ain. The conquered inhabitants once re-
ceived under the King's protection become
subjects, and are to be universally consider-
ed in that light, not as enemies or aliens. The
law and the legislative government of every
dominion, equally affects all persons and all
property within the limits thereof; and is the
rule of decision for all questions which arise
there. It is left by the constitution to the
King's authority to grant or refuse a capitu-

Christian Majesty or his allies, directly or
indirectly, on any occasion whatsoever. The
British Government shall only require of
them an exact neutrality.

Answer. They become subjects of the
King.

Art. , XLII. The French and Canadi-
ans shall continue to be governed according
to the custom of Paris and the laws and us-
ages established for this country. And they
shall not be subject to any other imposts
than those which were estabished under the
French dominion.

Answer. Answered by the preceding ar-
ticles ; and particularly by the last.

fCowper's Reports, 1774--8. Campbeli
vs. Hall.

lation ; if he refuse and put the inhabitants to
the sword or exterminates them, all the
lands belong to him. If he receive the in-
habitants under his protection and grant
them their property, he has a power to fix
such terras and conditions as he thinks prop-
er. He is entrusted with making the treaty
of peace : he may yield up the conquest or
retain it'upon what terms he pleases. These
powers no man ever disputed : neither has
it ever been controverted that the king might
change part or the whole of the law or po'
litical form of government of a conquered
dominion. The history of the conquests
made by the crown of England, is a practical
illustration of this position. At the conquest
of Ireland, the inhabitants were governed by
what they called the Brehon law, so styled
from the Irish judges, who were denominat-
ed Brehons. The conquest of the island and
the alteration of the laws by the King of
England, in the twelfth and thirteenth cen-
turies, have been variously and learnedly
discussed by lawyers and writers of great
fame, at different periods of time : but no
man ever said that the change in the laws of
the country was made by the parliament of
England ; no man ever said the crown could
not do it. The fact in truth, after all the
researches which have been made, comes
out clearly to be, as laid down by Lord Chief
Justice Vaughan,* that Ireland received the
laws of England, by the Charters^and com-

*Rep. 293.

16«

mamls of Ilcury H. Kiiip; John, Ileiirylll.

niul ho atlils iiii (7 cct-ra to take in lOtlward
1. anil tho sul>so(|iioMt kiiijis. Ami lie shows
clearly the niistaUe of" iioap;iniue; that tho
Ciuirtors of the \'2\U oi' John, l>y Avhioh, it
was ordainod an<l ostablishod that Ireland
should he governed by the laws of Knglaud,
>vere either suhniined or assenieil to by a
parliaintMit of Iroland. as suriniseil by Sii"
iaiward l^oke.* Whenever the first parlia-
ment was called in Ireland, the ehaiijie w as
introduced without tlie interposition of the
parliament of England, and must thereforo
liavo been derived from the crown. The
statute ofWales. rJth I'dward I. i«i no more
than rci^ulaiions uiaile by the Kinji in his
Council for the p,ovornment of \\ ales, which
the preamble says w as then totally subdued.
Tlunijih for various political causes, he feign-
ed Wales, to bo a feotV of the crown :f yet
I'.e j^ovcrned it as a conquest. The town of
Heiwick upon Tweed was originally a part
of the kingdom of S^cotland :X and as such,
>vas for a lime reduced by Edward 1. into

M lust. 141.

f These are the woitls of the statute of

Rluultdau. as i^uoted by l>lackstone :

•* Terra Walliae cum iacolis suis. prhis
regi jure podali subjecta.jam in proprietatis
dominium totaliter et cunt intogritate con-
versa est. et coronae rigni Augliae tauquaiu
piirs corporis eiusilcui annevaet unita."
Uilackslone! Vol. 1. p. ;>S.
10»

109

tlio possession of the crowu of Eiiglaiul : aiut
thiriiig its subjection, it received from that
priuoe a (^barter, \vhich was coniiriued by
Edward III. with some additions. Fioiu
that time till tho rci^u of James I. it was
governed by Charters from the eroAvn with-
out rhe interposition of parliament. All the
alterations in the laws of (lascony, (uiienne
and Calais, must have been under the king's
authority ; because no acts of parliament
relative to them are extant. The king has
always exercised legislative powers in Mi-
norca. At the conquest of N'ew-York. ( UiG4)
in which most of the old Dutch inhabitantsi
remained, Charles II. changed tlie form of
tiieir constitution and political government;
by granting it to the Duke of York, to hold
of his crown under all the regulations con-
tained in the letters initent. It is remarka-
ble that although the King never exercised
any legislative authority in Canada notuilh-
stnniiiug tlie promises held out in tiie ])rocla-
niatiou of 17b'3. and the powers conferred by
the letters patent containing the commission
to the Governor in the same year, jet a dif-
ferent system was pursued in Creuada to
which the proclamatitui indiscriminately re-
ferred. There tiie Commission of General
IMelville, as goveriior.is dated in April, ]7(U.
The Governor arrived in Grenada on the 14th
of December, I7G4 ; and before the end of
17l55, an assembly liad actually met iu that
island. No qnesiiou. says Loid Mansfield,
was ever started belbrebut that the King has
a right to legislative authority over a cou-

170

quered country. It was never denied in
Westminister Hall ; it never was question-
ed in parliament. Coke's report of the ar-
guments and resolutions of the judges io
Calvin's case lays it down as clear. Ff a
King, says the book, comes to a kingdom by
conquest, he may change and alter the laws
of that kingdom ; but if he comes lo it by
title and descent, he cannot change the laws-
of AmseZ/without the consent of parliameut.
In the year 1722, the Assembly of Jamaica
being refractory, it was referred to Sir Phil-
ip York, and Sir Clement Wearge, to know,
" What could be done if the Assembly should
obstinately continue to withhold the usual
supplies?" They reported thus: "If Ja-
maica waSjStill to be considered as a conquer-
ed island, the king had a right to levy taxes
upon the inhabitants ; but if it was to be
considered in the same light as the other Co-
lonies, no tax could be imposed on the in-
!» bitants but by an Assembly of the island,
or by an act of parliament." I shall only
add, that, with the exception of Canada
alone, the legislative and judicial authority
in all the colonies planted by Great Britain
in America, arose from grants and commis-
sions emanating directly from the King.

Having thus generally, and with respect
to Canada in particular, clearly established
the right of the king to abolish the laws of a
conquered country and replace them either
by those of the paramount state, or such
others as may deemed most advisable, w©
10**

in

proceed, in the next place, to inquire how
far the proclamation of 1763, aud the subse-
quent acts of the imperial and proviocial
governments, succeeded in accomplishing
the great object in view. In doing so we
may be tempted into some detail ; bwt how-
ever feebly executed, we hope it will not
prove altogether uninteresting to those who
may be anywise concerned in the welfare
and happiness of the British Colonies.

We have already alluded to the proclama-
tion, and made such quotations from it as
may convince the most obdurate, that, at the
time of its publication, it was intended not
only that it should form the basis of the Bri-
tish Sovereignty and supremacy in Canada,
but the palladium of the rights and liberties
of the old as well as the new inhabitants,
*' agreeably to the laws of England.^ ^* This
ho^vever has been questioned by very high
authority. In a report made on the 14th of
April, 1766, by the Attorney and Solicitor
General, Mr. Yorke and Mr. De Gray, it
was attempted to be proved, as the basis of
their statement, that this proclamation was
only meant to be introduclive of select
parts of the law of England, and not of the
whole body of laws ; and that the criminal
laws of England, and of personal wrongs,
were almost the only laws that came under
the terras made use of in the proclamation ;
and that the laws of England relative to the
descent, alienation, settlement, and incum-

*Vid. Proclamation.

172

brances of lands, and the distribution of per-
sonal property in cases of intestacy, and all
the benefical incidents of real estate, in pos-
session or expectancy, were not comprehend-
ed under the proclamation. It is very re-
markable, that in pronouncing such an opi-
nion— an opinion which involved the happi-
ness of millions, and, perhaps, the peace of
empires — the learned reporters did not cite
one principle or maxim of national or muni-
cipal law in their own justification. They
merely proceeded on the abstract principle,
that to change at once the laws and manners
of a settled country, must be attended with
hardship and violence ; and therefore wise
conquerors, having provided for the security
of their dorai.tion, proceed gently, and in-
dulge their conquered subjects in all local
customs, which are in their own nature in-
different, and which have been received as
rules of property, or have obtained the force
of laws. These observations might serve as
a text to a very large volume upon national
law and justice ; but we shall rid ourselves of
them by a very few remarks. The reason-
ing made use of by the learned gentlemen
might indeed suit a purpose when the procla-
mation first became a topick of discussion
at the council-board, or at any other time or
place previous to its being issued. But this
ex post facto reasoning came rather too late
after hundreds and thousands had left their
native country with all their resources and
emigrated to Canada, where they purchased
lands, planted, settled, and carried on trad«

in

and commerce to n very great, and, iu Cana-
da at that time, a very wonderful extent,*
on the faith of the king's royal proclamation,
guaranteeing to those who might resort to
the new province " The enjoyment of the be-
nefit of the Laws of England.'''' As to tlie
honour which the learned gentlemen have
done Canada by placing it in the rank of set-
tled countries at a lime when the popula-
tiouf scarcely exceeded that of some manu-
facturing villages in England,! shall only ob-
serve, that even if it had been a settled coun-
try at the time of the conquest — and, alas !
the greatest part of itstill remains unsetiled,
and so will ever remain until the present sys-
tem both in laws and general polity be chang-
ed— such a circumstance could neither justi-
fy the erroneous view taken of the procla-
mation by the Attorney and Solicitor Gene-
ral,so widely different from that of every other
individual in the empire ; nor destroy those
rights which, as we have seen, the law" pla-
ces so firmly within the grasp of the king.
And, lastly, with respect to those wise con-
querors, who we are told proceed gently ia

*Vid. Memorial from the English inhabi-
tants of Quebec to Lord Dartmouth.

fThe following progressive view of the po-
pulation of Lower Canada may not be unia-
ieresting : —

1663— 7,000, 1775— 90,000.

1714—20,000, 1784—123,727,

1750—70,000, 1814—335,000.

1825—420,179.

174

the imposition of tkeir own laws upon their
eoiiquered subjects, and iutlulge tlieni iu iheir
iooal customs, we shall only observe, that we
should on all occasions sit down to the study
of history, with increased and increasing
pleasure, if we were assured that her stores
contained a single page which exhibited the
conqueror as more disposeil to sanction the
customs and prejudices of the conquered, than
to gratify his own vanity and ambition. But,
with the exception of the solitary and unfor-
tunate instance now under consideration, the
whole course of history is a standing evidence
against the assertion ; and it is good that it
is so, for otherwise mankind would never
have emerged from the rudeness and barba-
rity in which they had been origiuallj' sunk.
The arts, the eloquence, and the poetry of
Greece and Rome would never have arisen,
as they have done, like the sun in his glory,
on the other benighted nations of the world,
and spread knowledge and elegance through
the uttermost parts of the earth ; seducing in
their course the savage from his cannibal re-
velry, the barbarian from his never-ceasing
wars, the robber from his plunder and his
den, and the assassin from his nocturnal ma-
raudings. The sacred names of Liberty,
Justice, and Civil Order, which now resound
through the universe, would have been buri-
ed amidstthe ruins of Jerusalem, Athens, and
of Rome; still, perhaps, leaving man the
dupe of his folly and the victim of his pas-
sions. Let us, however, listen for a few mo-
ments to history on so important a subject.

175

The Grec7t'.9 not only imposed their laws
upon the provinces subjected by their arms,
but compelled the unfortunate inhabitants^to
rej)air to the capital of the conquering state
to obtain justice. In truth, there never ex-
isted in civil society such pitiless tyrants as
those who composed llie Democracies of
Greece, in respect both to their conquests
and natural colonies, terms more frequently
syoonymtius than distinct. Any prctonco
served them to rob their Allies, as they some-
times affected to call those victims of their
ambition, of almost every blessing that they
enjoyed, whether consisting of pecuniary
riches, doraestick comforts, or publick splen-
dour ; and tl'.cir rapacity could not be ex-
ceeded by the most avaricious Turkish Pasha
that ever existed. For a number of years
they continued to raise six hundred talents
annually from the Asiatick Colonies: yet not
a single talent of this enormous and unjusti-
fialile exaction was ever expended for the be-
nefitof those upon whom it was levied ; but,
on the contrary, sent to fill the coffers of the
parent or conquering state in order to minis-
ter to her coriuption and extravagance-
Thus, Plutarch informs us, the sum levied on
the colonies, all of whom came under the de-
nomination of tributary provinces amounted
to thirteen hundred talents. Yet when these
states revolted, which these unfeeling and
unjustifiable exactions frequently induced
them to do, they wore punished by the Mo-
ther City Avith the utmost severity. The au-
thors of the insurrection were put to death ;

176

their property was confiscated; and a heavy
fine imposed upon the w/ioZe community. By
what process of trial all this was done, we
leave to the decision of those who still admi-
nister justice by hard blows rather than by
the dictates of truth and reason ; and thank
our stars that, however much indebted to the
arts and learning of Greece, we are none of
her dependencies. In the fifth year of the
Pelopouesian war, the territory of the island
of Lesbos was, on an occasion of this kind,"
partitioned among the Athenian citizens. Oa
the breaking out of a similar mutinous hu--
mour, the inhabitants were condemned to
pay two hundred talents. By such tyranni-
cal exactions, Athens could at one time boast
of a treasury of ten thousand talents. The
high chivalriek, and in many instances, the
mistaken notions which from childhood, we
are accustomed to entertain of Grecian liber-
ty and patriotism not only tend to prevent us
f.om viewing with impartial severity the dark
side of the picture which has been handed
down to us of that nation's character, but go
n great way in prevailing upon us to disre-
gard even the assurance of well-accredited his*
tory as to th.^ extent and enormity of the ty-
ranny of Greece alike over her colonies and
conquests. Yet such were the excesses com-
mitted in this way under the sanction of the
boasted popular institutions of the Grecian
republics, that it were well if some modern
patriots and politicians would seriously re-
flect before holding up for our imitation go-
verarnenta whose theory was always at va-

177

riance with their practice, and the ingenuity
of whose patriots aad mioisters is ranch more
to be admired, than either their morals of their
manners. At any rate it is not for us to bor-
row from Grecian polity. Their colonies and
conquests instead of being fostered with the
care and liberality of a wise and polite nation,
and their necessary wants of every descrip-
tion supplied when occasion required it, were
harrassed with incidental levies and burden-
ed with the most oppressive taxes. Their
commerce and industry were also heavily as-
sessed ; and their local institutions, alike ci-
vil and religious, were frequently abolished,
that tho attention of the people might bo
more constantly directed to those of the mo-
ther city, and that all pecuniary emoluments,
and other advantages accruing from them
might go to enrich and aggrandize the avari-
cious parent. "The people of Athens," says
Xenophon, *' desire to acquire at once all the
wealth of their tributary states, and can hard-
ly be pursuaded to allow their subjects to re-
tain what is barely sufficient for their subsis-
tence. They permit not their allies to have
tribunals for deciding causes between one
man and another, but oblige them to have re-
course to Athens for their determination.
Hence they govern them without any
trouble to themselves and ruin in the Courts
of Justice every one who appears to bear ill-
will to the Athenian people. Besides this
advantage, the particular citizens who hap-
pen to be Judges, get a considerable increase
of fees because they are in proportion to the

178

number of causes which they decide. They
j>rofit also by letting their houses and ser-
vants to such strangers as are obliged to re-
sort to Athens for ohtaining Justice. The
State itself is a gainer by an augmentation
of tax called the hundreth, which is paid at
the PireeuKi.* And ail the citizens in gen-
eral obtain much honour and respect ; for if
the allies were not obliged to plead their
cause in Athens, they would pay regard to
our generals, ambassadors, and sea-captains,
and them only. But at present they obey
honour and respect every Athenian citizen;
they even kiss his hand as a mark o( submis-
sio7i due to the man who at some future time
may be their Judge." Sparta, when she be-
came the paramount state, was no less st»*ict
and imperious in imposing her ow^n laws and
government upon those who fell in her pow-
er; but I shall not detail the desolation and
horror with which she filled all Greece after
the Peloponesian war, as it will answer my
present purpose simply to say, that she dis-
solved the democratical governmenis in It-
aly and Sicily, and established tyrannies ev-
ery where in their room. To conclude, Isoe-
rates, in his panegyrick, greatly extols his
countrymen for their policy with respect to
their conquered allies ; and adds these re-
markable words : " JFe established, over all

*ThePir8eum being the sea-port of Athens,
it is very evident, that none but the maritime
and transmarine dependencies were subjected
to this slavish extoriion.

179

Greece, the same system of policy which we our^
selves enjoyed.''^ Such were the principles
that actuated the Greeks in their conquests !
As to the policy of the Romans, in respect
to f/ieir conquests, it is so generally known,
and so completely subversive of the doctrine
laid down by the Attorney and Solicitor Gen-
eral, that we shall merely allude to it in as
general terras as possible. It has been said
of the Turks, that in the propagation of their
religion, the sword is the only expounder of
the Koran. Well may it be said of the an-
cient Romans, that, in extending their em-
pire, the same celebrated and irresistible lo-
gician was the best definer of their laws.
Where the sword of Rome gained possession,
there her sovereignly, language, and laws
took root. " Wherever the Roman conquers
he inhabits. "f The security of the govern-
ment, and the interests of individuals co-op-
erated in seizing the strongest, or the most
fertile, situations for the establishment of col-
onies, to be occupied by Romans or their
conciliated subjects who, in the capacities of
soldiers, farmers, and traders, reaped the
greatest advantages, which could be derived
from the property of the soil in the conquered
territories, while the original proprietors
were compelled to cultivate their own lands
for the emolument of their new lords. What
laws but the laws of Rome conld be the rule
of conduct in such settlements? All those
unfortunate people who became subject to

tSeu. CoDsol. ad Helviam, c. G,

ISO

the Romans were immediately exposed to
every kind of iiardship. Their lands were
seized and given to the veterans, among
whom the Roman laws were introduced, for
they knew none other. The inhabitants,
strangers to the power which the arts of civ-
ilization placed in the hands of an enemy
naturally warlike, and %vhose most honorable
profession was arms, soon experienced their
own weakness and disproportion to the Ro-
man forces, and reluctantly acquiesced in
the dominion of their masters ; gradually
incorporating as a part of that mighty Em-
pire, whose laws, customs and manners they
were compelled to embrace in silence, tho'
in pain. Liberty, says Montesquieu, speak-
ing of the Roman government, was at the
centre, and tyranny in the extreme parts,
meaning the Colonies or Provinces. While
Rome extended her dominions no farther
than Italy, the people were governed as con-
federates, and the laws of each Republick
were preserved. But as soon as she enlarg-
ed her conquests, and the Senate had no lon-
ger an immediate inspection over the Prov-
inces, nor the M^isirates residing at Rome
■were any longer capable of governing the
Empire, they wer^ obliged to send praetors
and proconsuls. Then it was that the har-
mony of the three powers was lost. Those
who w^eresent on that errand were intrusted
with power which comprehended that of «//
the Roman Magistracies, rtai/ even that of the
senate and the people. They made their edicts
upoa coming into the Provinces. They

IS I

■were despotick Magistrates. They exercis-
ed the three powers of the metropolitan gov-
ernriienl, and were the husbands of the E,e-
publick. While the city paid taxes without
trouble, or none at all, the Provinces were
plundered by the Knights, who were the
farmers of the publick revenues. All histo-
ry abounds with their oppressive extortions,
*' All Asia" says Miltiridates, " expects me
as its deliverer ; so great is the hatred which
the sapaciousness of the proconsuls, the con-
fiscations made by the officers of the revenue,
the quirks and cavils of judicial proceedings,
have excited against the Romans.* Nothing,
however, can convey a better idea of the con-
quering policy of the Ilomans,than the account
given by Tacitus of their conquests in Britain
in his life of Agricola. "The Britons them-
selves," says he, are a people who cheerfully
comply with the levies of men, with the imposi-
tion of taxes, and with all the duties enjoined
by government ; nor have the Romans any
farther subdued them than only to obey just
laws.^'' But the best representation extant
of the grinding and oppressive conduct of
the Romans towards the Britons, is to be
bound in the famous speech which the same
author has recorded as having been made by
Galgacus to his army previous to engaging
with the Romans at the foot of the Gram-
pian Hills. I shall make a short extract
from it ; and whether actually spoken by

"^ Montesquieu, L. XL c. 8.
11

185

Galgacus, or writien by Tacitus, it is in my
opiaiou, equally a proof of the savage and
merciless principles on which Rome exteod-
ed her imperial yoke over the world : "■Al-
ready the Romans have advanced into the
heart of our Country. Against their pride
and domineering, you will find it in vain to
seek a remedy or refuge from any obsequi-
ousness or humble behaviour of yours. They
are plunderers of the earth, who, in tbeii*.
universal devastations, finding countries to
fail them, investigate and rob even the sea.
If the enemy be wealthy, he inflames their
avarice ; if poor, their ambition. They are
general sp ilers; such as neither the eastern
world nor the western can satiate. They
only of all men search after ac quisitions
botli poor and rich with equal avidity and
passion. To spoil, to butcher, and to com-
mit every kind fvf vii.lence, ihey style, by a
lying name. Government, and, when they have
spread a general desolation, call it P^ace.
Dearest to every man are his children and
kindred, by the contrivance and designntiofi
of nature. These are snatched from ue for
recruits, and doomed to bondage in other
parts of the earth. Our wives and sisters,
however they escape pollution and violence
as from open enemies, are debauched under
the appeju'unce and privilege of friendship
and hospitality. Our fortunes and pt'Sses-
sions ihtif exhaust for tribute, our grain for
their provisions. ^^

The conquering system pursued by the
Norman Usurper, is familiar to every reader

ol* English history; and what was said of
Clovis, not long since, may with truth and
justice he applied to WilliHm---that he had
been cast in the true mould of conquerors. I
may add, that the latter was in every sense
ns great a barbarian as the former; for lie
who could neither appreciate nor respect the
free and glorious institutions reared and con-
secrated by the great Alfred, vvliich now hap-
pily form the basis of that oiasterpiece of
liuni'ju wisdom, the British Constitution,
but demolished them in order to make room
for his own gothicli system, was in truth
more rude and ignorant than he who dis-
puted the possessi<ju of the chalice of Sois-
sons with a common soldier. Vvilliam not
only changed the laws, but the language of
Enghmd ; for they were equally obnoxious
in 'is eyes; as free arjd popular institutions
must always be to the lyraut who has no
am!>itiotito gratify but his own, and no oth-
er ti'-'fion of freedom than the power of en-
slaving thousands that one man may shake
the rod over all. He introduced into Eng-
land the feudal law, which he found estab-
lished in France and Normandy. He par-
titioned all the lands, and conferred them,
witli little reservation on his followers.
Those who held immediately of the Crown,
shared out a great part of their possessions
to other foreigners, who paid their lord ths
same duty and submission in peace anc' war
which he himself owed to his sovereign.
Thus was the feudal system of government
established in England ; a system under

^

184

which she groaned for centuries ; but from
■which she at last shook herself, rising in glo-
rious triunnph, as from a new epoch, above
the base thraldom and slavish subjection to
arbitrary will and law, to Avhich she had been
50 long exposed. Yet this is the order of
things which some are still desirous of per-
petuating in Canada, at a time when it has
Iseen pursued with all the contumely and re-
venge of civilization from ^very other regioQ-
of the world.

We might here wind up this tedious but
necessary episode with an account of ail the
most splendid conquests of the world ; but
wo think wo have said enough in practical
confutation of the abstract proposition of the
Attorney and Solicitor General. We shall
only add, that it has been always laid down
as a well-established principle by writers, cji
the laws of nation?, that natural law estab-
lishes neither distinction of persons not prop-
:,erty, nor civil government ; it is the law of
^^ations which has invented these distinc-
tions, and rendered aU tJiose ivho happen to be
ivithin the territory of state, subject to the ju-
risdiction of that state. When a nation takes
possession of a distant country, and settles a
colony there, that country, though separated
from the principal establishment, or mother
country, naturally becomes a part of the state,
equally with its ancient possessions. When-
ever, therefore, the political laws or treaties
make no distinction between them, every
thing said of the territory of a nation ought
also to extend to its colonies. We have thus,

185

we hope, satisfactorily proved, first, that
power being; the natural consequence ofprop-
erty,all nations have been guided in their con-
quests by the same maxiois, and biive never
scrupled to expel the ancient laws of avan-
quisl'ed people in order to impose their own :
secondly, that it is the undoubted and con-
stitutional inherent right of the King of Great
Britain to follow a similar plan, and give
such laws as he may think proper to a con-
quered country, having done so from the
earliest periods ; and, thirdly, that he was
therefore fully justified in issuing the proc-
lamation of 1763, being the only mode then
in use for establishing the constitutions of
the colonies. It now only remains to be
proved, that, in consequence, the laws of
England had been absolutely and with
scarcely any reservation introduced into
Canada.

We have already said that the proclama-
tion was issued on the 7th of October, 1763.
The commission to General Murray, as Gov-
ernor, is dated the 21st day of November fol-
lowing, the bill not being signed by the At-
torney General, for the commission of letters
patent till the 22d of October ; and on the
14th of November, the privy council made
an order for interlineations of some necessa-
ry words. On the 10th of August, 3764, it
was published at Quebec.^ This comrais-

* Quebec, August 16^^.— Friday the 10th
instant, His Majesty's letters patent, consti-
tuting and appointing the Honorable James

186 .

slon, as well as the iastrnctions ivhich ac-
companied it seemed every whereto pre-sup-
pose that the laws of Eugland had already
been in force in the Province since the con-
quest; beinjj;, as Marriot ol)serves, full of al-
lusions and references to those laws ,'^n a
variety of different subjects; and did'- not
contain the least intimation of a reservation
of any part of the old laws and customs of
tiie Province. At the time of passing those
instru/iieuts, His Majesty's Ministers appear
to have been of opinion, that by the refusal
of General Amherst to grant to the Canadi-
ans the right of being governed by the cus-
tom of Paris ; and by the reference made, in
the fourth article of ihe definitive treaty of
peace, to the laws of England as the meas-
ure of the indulgence intended to be shewn
them with respect to the exercise of their re-
ligion, sufficient notice had been given to the

Murray, Esq> Captain General and Governor
in Chief in and over His Majesty's Province
of Q,Me6ec, and vice admirul of the same,
were read to a numerous concourse of peo-
ple, in the square fronting his Majesty's
Castle of St. Louis, where the troops were
drawn up underarms; after which, the can-
non from ttie ramparts was fired, and an-
swered by the men of war in the harbour,
and by volleys of small arms from the regi-
ments in garrison here, and the day was con-
cluded with the usual demonstrations of joy
and universal satisfaction.— Q,M€6ec Gazette.
11*

187

conquered inhabitants, that it was His Majes-
ty's pleasure, that they should be governed
for the future according to the laws of Eng-
land ; and that the inhabitants, after being
thus apprized of the King's intention, had
consented to be so governed, and had borne
testimony to this consent by continuing to
reside in the country, and taking the oath of
allegiance, when they might have withdrawn
themselves from the Province, with all their
effects, and the produce of the sale of their
estates, within the eighteen months allowed
by His Majesty, in the treaty of peace, for
that purpose.

Thus formally installed, the Governor,
without delay, proceeded to the execution of
his high and important functions. The first
thing done, was the nomination of eight
Councillors, whom he was authorised by his
commission and instructions to make choice
of.* Thus constituted, the Governor and
Council in virtue of the said commission and
instructions, found themselves invested with
powers and prerogatives of no ordinary mag-
nitude. The most important of these was
the power " to summon and call general as-
semblies of the freeholders and planters" of

*The gentlemen nominated were the fol-
lowing :

William Gregory, Walter Murray,

Paulus Emilius Irving, Samuel Holland,
H. T. Cramahe, Thomas Dunn,

Adam Mabane, Francis Monnier.

the Province, to he called the Assembly of
the Provinco of Quebec; with tho advice
and cousent of which Council and Assemb-
ly, after being duly qualilied, the governor
%vas empowered to make laws for the pub-
lick peace, welfare, and good government of
the Province, such laws " not to be repug-
nant, but, as near as may be, agreeably to the
laws and statutes of this our KingtU)m of
Great Britain." Butitmay be asked, if tho.
governor really possessed the power of con-
voking a general assembly and enacting laws
in the manner here set forth, why, instead of
proceeding to do so in a legal and constitu-
tional manner, did he restrict the whole leg-
islative power of the Province to himself and
his Council ; and seeing, that neither his
commission nor instructions empowered him
to make laws otherwise than with the a(jvico
and consent of the Cou?icil and A^stmhlij, how
could the laws actually made by the Gov-
ernor and Council alone, being only two of
the constituent branches of the prescrihed
Legislature, be binding upon the people ?
Thi« is, indeed an important inquiry, and
■which, considered abstractedly, might in-
volve alike the fundamental principles of
good government and tiie dearest rights of
the peoj)le. But in so far as it concerns tho
present disquisition, the objection cao easily
be obviated.

With respect to a general Assembly, the
fact is, that though one had been summoo-
ed and chosen for all the parishes but Que-
bec, it was discovered upon reference lo the
11**

189

commission, that it could not sit, in conse-
quence of the restrictions therein contained,
arising from the Test Act of the 25ih Charles
II. which prevented the measure of an As-
sembly bein;; executed in a Colony where
all the principal old inhabitants were of the
Roman Catholic reli'don.* No discretion-
ary powers were given to the Governor with
respect to the administration of the oaths
prescribed by this act ; and as the Assembly
could not proceed to transact business with-
out bein^ duly qualified agreeably to the
commission and instructions of the Govern-
or, it was deemed advisable to abandon the
meas'.ire for the present, and await further
and better defined instructions from thelm-
periitl Government. Besides, as the gov-
ernor, by his commission, was not enjoined
peremptorily to summon a general assemb-
ly, such a step being merely optional, " so
soon as iho situation and circumst-ioces of
the Province would admit thereof," it was
thought advisable not to do so, the present
circumstances of the Province rendering ihe
measure by no means necessary. It woultL
also be premature, it was thought, and r.t-
tended with many great public inconvenien-
ces ; as the people of Canada were then, as
they still are to a proverb, extremely illite-
rate, and not yet ripe for so great and' sudden
a share of liberty and of legislative power; it
being doubted whether there vere more than
four or five persons in a parish in general

"Marriott.

who could read. It was. therefore, most
reasonably apprehended, that the calling of
an Assembly so c -mposed, instead of reme-
dyinj; and regulatin;^ all iUe causes of com-
plaint, would have created new ones, and
become the source of di-fempered and igno-
rant fnctions hij^hly injurlwu-- tu tf;e welfare
and i);ippinf^ss of the people: : truth wl.ich
wa> unhappily reriliged soon after the grant-
ing of the present Constitution : producing
evils wliicb oothinj^ hut the speedy iuterven-
tioa, iower, and loj^isbitive wis(lom of the
mother Country cau ever effectually cure.
, As ro the legality of the ordinances and
laws passf^d by the Governor and Council,
thus eniiiossiug to themselves the wl.oie leg-
islative poner of the Province, vvhaiever
lawyers roijfht say of tWem on gener;! prin-
ciples of ciustiiuiiooHi goveruineui, especial-
ly siich of them as did not receive the express
sanciiou t»f the King, no authority, except
the highest in the state, could impugn the le-
gality of the ordinr>uces njade for the estab-
lishment of the laws of Englfind in the Prov-
iuce, and tlie necessary tribunals and officers
for ad ninistering them. The Governor's
commission contained the most ample pow-
ers nu c lis hend:---' AuJ we do by these
presents give and grant unto you, the said
James Murray, full power ani authority,
ivith iheadv ce and consent of our said councily
to erect, constitute, and establish such and
so many courcs of judicature and publick jus-
tice within our said Province under yooi*
Government as you and they shall think fit

191

and necessary for the hearing and determin-
ing all causes, a8 well critninal as civii," &c.
Even if an assembly hnd been called, as
originally intendetl, the powers thus confer-
red could not be called in question ; for they
are entirely and absoluti ly confined to tho
Governor and Council ; and therefore, what-
ever laws were made for the establishment
of courts of justice in the Province, must be
hold l>indiug on the people, atid looked upon
as the fotindalion of their rights and the best
security of their persons and property, until
abrogated by the King or Parliament.

Accordingly, on the 17th of September,
1764, a law, entitled *' An ordinance for regu-
lating and eatahlishing the Courts of Judi-
cature, J ustices (f the Peac', (Quarter SersionSj
Bailiffs, and other matters relative to the dis-
tribution o/' Justice in tins Province,'''' was pas-
sed, part of which I shall make no apology
for transcribing verbatim :

•' Whereas iti^ highly expedient and ne-
cessary for tho well-governing of His Majes-
ty's good subjects of the Province of Que-
bec, and for the speedy and impartial distri-
bution of justice among the same, that prop-
er Courts of Judicature, with proper powers
and authorities, and under proper regula-
tions, should be established and appointed :

" His Excellency the Governor, by and
with the advice, consent, and assistance of
His Majesty's Council, and liy virtue of the
power and authority to him given by his
Majesty's Letters Patent, under the Great
Seal of Great Britain, has thought fit to or.

Jdinurn] (hrldir ; niidlli.s snid ExcoUoncy,
hyniid with tlio mlvico, cunsoiit, nnd iissist-
niu'o aCoiosiiid, iloth Itnrht/ ordain and dt-
c/inr,

" TliMt }i ^!ir|)<Mi(>r ( 'oiiii of .Iiidirulnro, or
Court (d" King's Itonrli.ho rslahlished in t)ii«
INoviiK'o, to KJt, linld tonns in the town of
(liHilnM', twirn in luory yonr, vi^. ono to he-
p;in on lh{> 21 h\ d.iy <d' .I;niiinry, ndlod liila-
Tji t(inr», and ihii olh^r on iho I;ilst day of
.fnno, cnlh'd Trinili/ lorni,

•'In this ('(nirt His IVlajrsty'(* Chief Jna-
fioj) )u'('si<h's,u ith power to dotorniino all civ-
il and criminal canscM agrcoahlo to the laws
of l'lii;;land, and t«) tiit^ ordinancoH of thi.f
Trovinco ; and (roin this (*onrt an appoal
lies to th(^ (lovcinor and ('omn-il, ^vlirr*' iho
nialJor in (•v»nl(>s( is ;d>ov(> tho valuo of jCM(M)
Htorlini^ ; nnd from thn («ovornor and ('ouu-
cil an appoal lies to tho King and Council
whcrt^ dm mjitlor in conlost is of tho valuo
*)f X'r>()0 S((Mling, or upwards.

" In all trials in this Comt, all His Mnjoa-
ty's ?^^d»ilM'ts in this Colony bo admiltod oil
jiiiics without any distiin'lion.

" And 1 1 is IVlaj(^sty's <^hiof Justice, onco
in <iv<>ry year, to hold a ('ourt of Assi/o and
Con<M-al (iaol I)<>liv<M-y, soon after Hilary
lorm, at ilu^ towns of Montnutl and Troin
Jiivinirs, for th«i nxuo easy and convoniunt
dislrihntioii of justice to Mis IVlajosty's sub-
jects ill t!\os«i distant parts of tho Province.

" Ami whoroas an iidcrior (Niurt of Jndi~
caturc, or Comt <d' (•ommon IMoaa, is also
ihuught necessary and conv(MUOUt. K is

further orddhird and declarrd hi/ flie mithori-
ty oforc.Hdid, tlwit fui inforior T'ourt ofJudi-
CJituro or(/oiirt of Coiritnoii Tleas, is licreUy
ost,Jjl)lisl)(;fl, with power and Jiulliotily, loclo-
t<;nn no fill property f«l)o/o tlio value ofXlO,
Avifli a liU'iriy of app';a| looitlior party t<» fho
fiUpoiMor Court, or (Jouri of Kio;^'s iW-nch,
whoro tho inaltorin cotjtuKl i;i of ihc value of
X'iO, an<i upvvar<ls.

" All trials in iU'xn court to ho by juries, if
<lerri'in(l(!(l hy cither party ; and this Court
to sit .'ukI hold two ItMins in every year at tlio
town of Ciuvhec, at the Marne liuKi with the
«uf><'rior (/ourt, o.- Court of King's liench.
VVIu ro the matter in eontosi in ihiw Court is
ahovo the valiioof X.'JOO Sterlinj^, either par-
ty may (if tiiey shall think prop(;r) apf)eal to
th(5 Covf;rnor and Council iinirtediat«;ly, and
from the (iovr;rnor and (Joiincil an aj^pcal
lies to the Kinj;; and (Jouneil, wln;re tlie mat-
ter in eoniest is of the- value cd' £500 Sterling
or upwards.

" TIh! Jud/^e« in this Court arc to <leter-
niine a^^rcrahh; fo<(piiry, llavin^ re(i;ard nev-
eriheless to the iawy, of /'hi f^ land, as far as the
eircu instances and t'iC present situation of
lhiiu{;swill admit, until Hueh time a«j proper
ordinances for the information rd" the peo|)Io
ran he estahli-ilierj hy tl/f; Covernor and
Couneii, a<^rcrahl,r. l.o Uu: laW't of I'jru^Uind.

" 'I'lio I'^reneh laws and customs to ho al-
lowed and admitted in all causes in this
Court, l)etwcen ihc natirffs of this I'rovince,
where the causo of action arose l^eforc iho
first day of October 1704,

104.

*• The first process of this Court to be an
ei^ac^meni against the body.

" Aq Execution to go against the body,
lands, or goods, of the defendant.

*' Canadian Advocates, Proctors, &c. may
practise in this Court."

The rest of the ordinance is taken up with
the appointment of Justices of the peace, and
the inferior officers of the Courts of law
throughout the Province.

It soon, however, appeared evident, ihat
notwithstanding the full and ample, as well
as explicit, manner in which this ordinance
established in the Province the English,
Courts of Law and forms of procedure, the
intended enactment would have been incom-
plete without some legislative measure rela-
ting to the tenure and conveyance of lands.
Accordingly, on the 6th of November fol-
lowing, an ordinance was passed declaring
^hat until the 10th day of August then next,
the tenures of lands, in respect to such grants
as were prior to the cession by the defnitive
ireaty of peace, and the rights of inheritance
as practised before that period, should remain
to all intents and purposes the same. "The
consequence," to use the words of Sir James
Marriott, '* after the expiration of this date
is obvious, that the rights of inheritance and
tenures would be changed to the laws of Eng-
land, so far as this ordinance and declaration
could legally change them.^^ On the same
day — 6th November, 1764 — another ordi-
nance was passed " For registering grants,
conveyances, ctnd other instruments in imting,

195

of or concerning any lands, tenements or Jiere-
ditaments iv'itliin this Province.^^ This ordi-
nance, termed the Registry O^ceJaw, and
which, had it remained in force till this day,
might well deserve the proud appellation of
the Magna Charta of Lower Canada, con-
tained the following clause ;—" And every
deed or conveyance of or concerning any
lands, tenements, or hereditaments in this
Province, shall within the space of forty days
next after the respective dates thereof, be
registered in the said Office in words at
length ; And for want of such registry, every
such deed or conveyance shall be judged
fraudulent against any subsequent purchaser
for a valuable consideration." The Quebec
Gazette of the 25th February 1765, contains
a public notification of this ordinance, dated
^^ Register's Office,'' the same day.

Thus h is evident, that the English laiDS
were legally introduced into this Province
both in form and io practice ; and so con-
tinued during the space often years without
any material objections, except tiiose arising
from national prejudice and pre-coaceived
aversion to a system of laws but little un-
derstood amongst a more enlightened people
than the French Canadians. This founda-
tion of just laws and a liberal government,
so wisely and judiciously laid by the Gov-
ernor and Council of the Province, and ^anc-
tioned by the approhatioi of His Majesty,
ought never to have been disturbed. Yet the
contrary was done by the impolitick and ty-
rannical (Quebec Act of 1774: ; an act that

196

will ever reflect disgrace on its authors and
the Empire at large ; and an act that must
at no distant period give place to more patri-
otick and enlightened counsels. We con-
clude in the memorable words of Sir James
Marriott; — "After certain new regulations
have been submitted to with patience by His
M ajestj'^s new Canad ian subjects for a space of
thirteen years, though with some such com-
plaining as is natural upon a change ofmas-
ters, the foundation which has been liiid for
an approximation to the manners and govern-
inent of the new sovereign country, must either
er continue to be !)uiit upon, or otherwise the
whole that lirss been done must be thrown
down, and the Canadians must be restored
in integrum to all their ancient laws and
usage; a manner of proceeding as incon-
sistent with the progressive state of human
affairs, OS i^i7/i the. jjolicy of any possible ciil
government, tvJiich cannot itvert, but nsust
necessarily take up Things a (I go on the state
of existing circumstHOces at He time it in-
tervenes ; for i'l can as iiuie stand still at any
given point, as it can decide that the flood
of times siiall go no further. As men move
forward, the laws must move with them, and
eveiy constitution of government upon earth,
like the shores of the sea from the agitation
of the element, is daily losing or gaining some-
thing on one side or the other."
29th January, 1829.

NO. VJII.

" To depart in the minutest article, from the
nicety and strictness of punctilio, is as danger^
ous to NATIONAL HONOUR, 05 to female virtuc,''
-=— Junius.

To Louis Joseph Papineait;~^q.
SiR:~\Viien I last addressed myself person-^
ally to you on the subject of your conduct at
opening the present session ofthe Provin-
cial Parliament, I did not expect I should
thus early be under the unpleasant necessi-
ty of paying you a similar visit. I then con-
victed you. in the face of your country, of
havini^ gone officially into the presence of
the Representative of our most gracious So-
vereign with abase and designing falsehood
on your lips. But though, amidst my hopes
of wiser measures and happier times, 1 did
not anticipate any very particularly glaring
act on your part deserving a direct and im-
mediate visitation on mine; yet, had I called
to mind the philosophical maxim ofthe poet,
that one fiilse step forever damns the rest,
I ought to have been assured, that a career
likeyours, commenced in malice and iniqui-
ty, must inevitably terminate in crime and
confusion. You are, indeed. Sir, a public
eriminaLofno ordinary character. Intoxi-
cated with impudence, there is no end of
your rudeness : frantick with rage, there are
no bounds to your malevolence. The high
and the low, among such as do not coincide
■with you in opinion, are equally objects of
your hatred aod resentment. No character.

198

hou'cver pure, is safe from your envy aud
falsehoods: no virtue however exalted, is
secure from the base iustruments ofyour jea-
lousy and revenge. The very air is tainted
■with the poison ofyour malignant disposition;
aud the country resounds with your abuse of
characters not only your superiors in man-
ners, but in rank and dignity, virtue aud pa-
triotism. Sir, you seem to tralfick in defa-
mation. You move in an orbit of publick
slander ; and have rallied round you as sa-'
tellites all the baser feelings of a rancorous
aud diabolical heart. Stand up thou malici-
ous demagague-— thou insolent defamer of
Governors, Executive Councillors, and all
men in this Province having authority in the
administration of justice aud government !
Come forth, I say : aud if we cannot pene-
trate into the rancour and rottenness that
perpetuallly agitate thy turbulent bosom, let
us, at least, behold that brazen countenance
capable only of reflecting the basest and most
distorted images. Yes, there thou art ! Wo
view thee, but despise thee : we behold theo,
])ut spurn theo : we contemplate thee, but
loathe thee, as a reptile to be shunned if pos-
sible ; but, if met to be trampled upou.

lu the debate which took place on the re-
solutions for expelling Mr. Christie, your are
reported, in the third person, to have made
use of the following language :

" Mr. Speaker trusted few persons could
entertain such servile sentiments, or lend
themselves to be the instruments of such a
?nau as Lord .Dalhousie, a man who was^

199

deaf to every sentiment, but those of prid^4
prejudice, and despotism, sentiments thate
were fostered by those who surrounded him,
and which deservedly stigmatised him as the
author of all the evils which had been in-
flicted upon this country. A man who had
been deservedly recalled with disgrace — a
man disgraced in the eyes of his Sovereigns,
of his country, and of the Province he had so
deeply injured."

Sirj that you uttered this language in your
place on the occasion alluded to, 1 have na
doubts whatever. Of this I am well advised,
as well through other channels of informati-
on, as by the printed report of the debate.
But were the case otherwise, I could easily
have recognized it at the offspring of your
heated imagination and insolent temper. It
bears the very impress of your soul. It is the
foul abortion of your malignant heart,and car-
ries alooft with it every characieristick of that
spirit of enmity which it has long been your
study how to wreak on a great patriot, a great
hero, and d great man : a man, to use your
own mode ofexpression, whose life and cha-
racter are as far beyond the leach of your
petty malevolence, as his rank and dignity
are superior to plebeian vulgarity and rude-
ness. Nor is it my purpose at present to de-
fend him from the attacks of so despicable
an assassin as you are. Lord Dalhousie nei"
ther needs, nor will he thank me for so un-
necessary a piece of service. My present ob-
ject has a different tendency. It is not t<j
1%

200

Jefend, but to punish ; not to save, but con-
demn. It is, first to exhibit you to your
country and to the world as a designing and
systematick calumniator and dcfamer of pub-
lic worth and integrity ; and, in the second
place, to transmit your name to posterity, as
one every way deserving infamy and disgrace,
scorn and derision.

With the conduct of the House of Assembly
in the expulsion of one of its own members
for delinquencies, over which, if even proven,
I maintain they possess nojurisdiction, I shall
not at present interfere, though, perhaps, I
may take another opportunity to express my
sentiments on a measure fraught with danger
to the Constitution and alarm to the Country.
I shall only, in the language of Lord Chat-
ham, say, that it was the act of a mob and
not of a senate. It resembles in a remarka-
ble degree, the proceedings of the judge of
hell, as described by the poet:—

*■ Gnossius hsec Rhadamantbus habet duris-

sima regna
Castigatque, a\idhqnedo\os,subigitquefaterl.^

Sir, my charge against you is three-fold~
falsehood, defamation, and scurrility. You
say, that Lord Dalhousie was deservedly re-
called with disgrace, and that be is a man
disgraced in the eyes of his Sovereign and
country. Sir, were you a man whose vera-
city was undoubted until now, I should be
apt so far to give belief to your assertion, as
to call upon you to produce proof of your
averments. But wh^n honest men meet with

^201

such a fellow as you are, branded as yoii
have for years been as the personal enemy
of Lord Dalhousie — his defamer in publick,
and iraducer in private life, they very natu-
rally put their own construction upon your
statement, without troubling you for proof ;
being satisfied that he who will malign with-
out cause, will stab without justice — that he
who scruples not to asperse in gratification
of personal resentment, will have no hesita-
tion to arraign without evidence. But, how
stands the fact? Do you really dare to af-
firm in your place in the Assembly, that
Lord Dalhousie was recalled with disgrace?
If you do, I thaok God that your notions of
disgrace are different from a.ine. I shall
here say nothing of my right to maintain,
from aught that we have seen or heard to the
contrary, that Lord Dalhousie has not been
recalled at all, and that his Lordship is to this
hour Governor and Chief of these Provinces.
But granting that he has been actually recall-
ed, I will thank you to show me the marks,
the emblems, or the tokens, of his disgrace.
I presume you conceive it to be an extraor-
dinary mark of disgrace to be called from the
pitiful government of a pitiful people like the
Nation Canadienne, having neither knowl-
edge of their rights, nor gratitude for their
privileges as a British people, to the military
command of a quarter of the Globe — a com-
mand which the proudest era of Rome could
not confer. Is it upon men in disgrace, that
such honors and benefits are bestowed in this
generous and just nation ? But which of the

202

ncullions in the King's kitchen told you, or
sonae of your friends lately in England, that
Lord Dalhousie was disgraced in the eyes of
his Sovereign ? When and where was ihis
disgrace earned and consummated ? Was
it when his Lordship was nobly fighting the
battles of his Country in Egypt, in the West
Indies, in Spain, and in France ? Was it
Tvhen he was shedding his blood in the cause
of Europe and of Freedom ? Or was it
when, like a man and a patriot, and in th6
exercise of the delegated functions of that
Sovereign in whose eyes you say he is dis-
graced, he withstood you and your desperate
despairing crew, when you so clamorously
and insanely assailed the constitution and
the dearest rights of every true Briton in the
province 1 Was it when the minister, in his
place in parliament, before the country and
the world, and in the sight and hearing of
your co-adjutors, Messieurs Nelson, Viger,
and Cuvillier, declared " that the still high-
er situation the noble lord would soon be
called on to fill, would be the best proof, that
he had not incurred the disapprobation of
government ?" Was it when Mr. Stanley,
whom I dare say you will not accuse of flat-
tery to Lord Dalhousie or deceit to yourself,
said, in his place in the House of Commons,
that *' he could not refrain from doing the
Noble Earl who was at the head of the gov-
ernment in Canada the justice of observing,
that he (Mr. Stanley,) felt convinced that the
Noble Earl, if he had not the good fortune to
give satisfaction to the petitioners, had actet!

in conformity with the instruciiojis he had re-
ceived from government ?"* Was it when
his lordship last embarked with such distin-
guished honours for his native country ; car-
rying in hrs hand the recorded approbation,
as Governor in Chief of every loyal and en-
lightened man in the province, and in his
heart a deep sense of the good wishes of every
individual of humanity and respectability 1
Or was it when his lordship was so gracious-
ly received by the King and his ministers with
the report of his administration ? Truly,
Sir, if this be disgrace, it is a disgrace rarely
to be experienced even in this age and coun-
try. But you have said that Lord Dalhousie
is disgraced in the eyes of his country. What
country? If yoa meaa Great Britain, you
state what is not only false, but mali-
cious. There is not witbin the whole com-
pass of that great n^uiou, distinguished as it
is above all others for worth, virtue and tal-
ent, a nobleman who is more highly re-
spected, or more extensively beloved than
Lord Dalhousie. But if you confine his dis-
grace to what you call your country only,
the Nation Canadienne, I understand you,
and find myself at no loss to comprehend the
extent, magnitude, and consequence of such
disgrace, when promulgated to the world by
you, the hired, the well-paia calumniator of
ihe publick as well as private character of
Lord Dalhousie.

*See Debate in the House of Commons
on the Civil government of Canada, 2d.

May, l$2a.

204

So much for ihe falsehood of your state-
ment, I come next to its defamation. Yoa
assert, with an audacity very suitable to the
^vhole lenor of your character and conduct,
that Lord Dalhousie is a man deaf to every
sentiment, but those of pride, prejudice and
despotism. Most excellent judge of senti-
ment and character, tell us we pray thee,
where you have culled the information upon
which you found your statement ? I fear
this is a thing which you will take credit to.
your prudence for withholding. It is most
true that a thievishly-inclined menial dis-
charged by his Lordship, was once of a time
much and fondly caressed for authentick in-
formation with respect to his master's pri-
vate character and bearing. Was it from
this despicable scoundrel — this suitable pan-
der to your vulgar curiosity — that you col-
lected your information ? I will not say ab-
solutely that it was ; but from whatever
source you got the tale, it is most certain, if
one might judge from its nature and extent,
that it could not have come through a much
purer channel. Your own personal observa-
tion, with whatever intelligence and scrutiny
it might have been exercised, I beg leave to-
tally to exclude and deny. What your no-
tions of society really are, I have no means
of being acquainted with ; though from a va-
riety of circumstances, and the company
whom you court and keep, I fear, as a gen-
tleman, that I must estimate them at a very
low rate^ Your natural sphere, therefore,
31*

20i

is as far beneath that of Lord Dalhousie, ns
j'^ou conceive your own cur to he beneath
yourself. Such men as you herd not with
the noble and the great. It is true that the
same planet gave you birth. But there are
orders and distinctions of men as well as of
beasts; and in the same degree that the
croaking, crawling toad is inferior to the ma-
jestick lion, so are you dififerent from Lord
Dalhousie. You early fell your own insig-
nificance and this inferiority. I know not
whether it proceeded from the envy of your
nature, or the clownishness of your birth; but
his Lordship was but a little time in this prov-
ince when you shrunk into your own native
atiiiosphere ; and the only remedy left to a
person in your condition was the pitiful and
iinuianjy undertaking of pulling after you
those who stood above joij, but cspeciaiiy
his Lordship, because he stood above al! at
the top of ibegrp/'ution. Now i.hat his lord-
ship is gone, and you conceive yourself ex-
alted a little beyond your natural sphere,
you have the cowardice and baseness to re-
duce his character and pui)lick reputation to
a level with your own. But, Sii, you have
undertaken a difficult task : a task which
neither yourself nor the whole myrmidons of
your faction congregated -rMOund you will
ever be able to sxecele Los o^ Dalhousie
sits secure in the midst of an impregnable
fortress of private worth and public esteem-^-
reared by his deeds, fortified by his integrity,
and embellished by the approbation of his
►Sovereign and country, against which neither

206

the clamour of party nor the poisoned shafts
of malevolence can ever prevail. Yet tell
lis, whether it '.vas you or your friend Mr.
Cuvillier, in a late private discussion of the
merits of the present administration, who ob-
served, that after all, the only difference be-
tween it and that of Lord Dalhousie, was,
that the Canadians had now a man who
would shake hands with them ! My infor-
mation does not authorize me to state pos-
itively that you are the author of this most
ungenerous sneer and uncomplimentary re-
mark towards Sir James Kempt ; and, in-
deed, you are, npon the whole, an animal
whose ears are too long to be saddled with
any observation of point. But Mr. Cuvil-
lier, is an auctioneer, and, of consequence,
a licensed withy profession. At all events,
thi« shaking-hands business shews in a most
extraordinary light your very weighty reasons
for accusing Lord Dalhousie of pride and
prejudice. Let me ask you whether it is
pride and prejudice in any honest man to de-
cline shaking hands with a personal enemy
and a common calumniator of his fame /
Are you not a personal enemy of Lord Dal-
housie, and have you not publickly avowed
yourself to be so '.' The little honour that
may be left to you after such an avowal, will
not allow you to do otherwise than to answer
in the affirmative. Have you ever meddled
with Lord Dalhousie's character in private,
or calumniated his reputation as a governor
in public ? Dare you hesitate for an answer ?
12**

a07

If you do I will send for proof of the first to
your friends, and of the other to your own
wam/esfo, and speeches in and out of parlia-
ment, as well as those midnight rhapsodies
which you are said to have uttered prepara-
tory to the complaints sent home against his
lordship. Did you ever pollute the walls of
Downing Street with your scandal ? And
do you now suppose that you, or any of your
gang, are fit to be taken by the hand by such
a man as Lord Dalhousie? His Lordship is
too much of a man of honour, loo much of a
gentleman, and too little of a politician to
grasp by the hands those whom he cannot
trust with his fame. I once had the mortifi-
cation to see a drunken scavenger, with his
dirty broom on his shoulder-, come up to a
peer of the realm, and for no other cause or
provocation thpn his being a lord, abuse him
in the most npprolvious epithets. To mj^self
and others who §tnod by, this was a scene of
disgust and abhorrence ; but to the nobleman
himself it was only one of merriment. He
gave the scavenger a crown, and his abuse
was immediately changed into expressions of
praise and gratitude. Sir, if you will have
the goodness to transfer that mace from the
table before you to your shoulder we shall
behold an exact representation of the scav-
enger, and his broom, with this exception,
that you have not yet been paid the crown,
otherwise your clamour against Lord Dal-
housie would long ere now tave ceased, and
be probably turned into abject adulation.
But I have been told that you are a man of

:ojN^

extensive reading, li'so, you can bo ut ul-
loss in >vhat part of Paradise Lost to find a
more apt j>arallel. You will there find your
own counterpart as faithfully depicted', as
.th'v found herself rellected when she first
beheld her shadow in the pool.

As to your Sciirrilit}/, Sir, it is worthy both
of yourself and the cause which you advo-
cate. In the vocation of scurrility, you ap-
pear U) be exceediuj;ly well versed. It
seems to be your native elecnent, as filth is
that of vermin. You have been thouji!>t el-
oquent. I think so too. 13ui it is oniv in
scurrility. Did 1 not know, by your princi-
ples, that you were brought forth and edu-
cated in this Province, I should have nohes-
itatiou, from i!u> styl<^ and oh iracter of your
laUjiuage, to apply at l>iiliugs<;ato for a cer-
tificate ofyoui' iKitivity. i>ut si rrility is a
tr.ide so low, so gross, and so loathsome that
uo man, however equivocal his reputation,
can be injured by it : and it is only the grubs
oftue earth that trartick in it. At the end of
the session I prosiume yen will be able to tell
us the amount of j/o»r gtiins. If your profits
be equal to your industry, you will be able to
lay up a capital that will enrich your poster-
ity, without rendering them either the envy
of others or respectable in their own ejcs.
As to the principal object of your inveterate
malice, his escutcheon is too j^urc, and his
coronet too exalted to bo any Avays stained
or disturbed by such ribaldry as you are
uiasterof. If you intend that it should havo
anv ellect, I would, therefore, advise you to

209

veiul your poison among 3'onr owu circle.
There it may ilo good to all j)ariics. Whilst
its use will serve to convict the utlerer of
baseness, the circulators Aviil he punished as
accessaries. Their punishment ^vill indeed,
be dissimilar, but equally cRectual. The lat-
ter will die an ignominious death and be for-
gotten. The former will undergo an igno-
minious death too ; but his memory will live
to be deplored by his posterity, and execrat-
ed by his countrymen.

But who are you, Sir, who thus stand forth
as the head and champion of nil the disaffect-
ed and dissensious---ofalI the evil and igno-
ble spirits in the Country ? By what rigii t
of inheritance have ?/ou thus become at once
the advocate of sedition and the calumniator
of all men in legitimate authority ? If you
have any other titles but those of a cowardly
heart and a manevolent disposition, produce
them, I entreat of you. But conscience
whispers to you, that you cannot. She also
tells you, that, with the exception of a few
acres of ground, and a disrelish of British
government and superiority, you have no
other inheritance. Tou will not, of course,
and the publick is not bound, to take my
■word for this. I shall therefore prove it. In
doing so, I shall adduce as my first witness a
gentleman whom I dare say you venerato
very much, and whose veracity I presume
you will not be disposed to call in question.
All I know of this gentleman myself, is, that
he is reported to be a rank democrat, and to
have taught you the elements of your poH-

210

ticks. He was himself, too, iu his time a
noted politician, aiul for some time held a
scat in tliat branch of iho legislature of which
you say yourself ---for I deny the fact---you
are Speaker. In that capacity the veuera-
hlo gentleman in question said something rudo
and insulting to a brotiier representative.
This representative was not to he overdone
in acts of hcuevolehco of this kind, and ac-
cordingly sent a civil message to the venera-
ble and honourable member begging his com-
pany at a certain place next morning to
meet one or two frien<ls. It is a very ex-
traordinary circumstance, and has never yet
been .!ecoiust<\' (or. !';;>ugh this ad'air took
phifo many years since, thai the vcner.^blo
member, though imbued with the ehnracter-
istick poHteuess of his countrymen, neither
availed bimsclfof the invitation of bis friend
nor sent any apology for his absence. It is
sagely presumed that some fanuly concerns
called liim away rather hurriedly, lie that
as it may. ho was never again seen in his
j)lace in the Assembly ; and his seat is now
occupied by a descendant everyway worthy
of the sire.

^Vhat relation you, Sir, hear to this vene-
rable man lu" tbe proplo, I will leave yourself
and others to uetormine. Lot me only add,
that if you do not inherit his flying propensi-
ties, you are fully his equal as well in giving
ns in receiving invitations of honour. The
whole province laughed at you when Mr. M.
pulled you by the nose in the lobby of the
IIouso of Assembly, and you had the courage

iii

to toH liim that you would prosecute liim i
You may think iiie personal.* But do you
really think that any thing can he more per-
sonal, tliau tolling a man that he is deaf to
every soutiniont hut pride, prejudice and des-
potism. Do you not in eflcet and in fact call
such a man a coward ? Do you not denounce
him as a man destitute of every sentiment of
bouour and principle of justice ? And what
Loan of honour or courage would take taunt
or insult from you, who iulicrit neither by
birth, and upon whose heart no good exam-
ple or custom can make any impression
through life.

Without doors, to use a parliamentary
phrase, the province has yet to learn th«
grounds of your pretensions to the invidious
office of public censor, and still more infamous
profession of general calumniator. Whence,
tell us,this singular assumption of precedency.
Whence this robo---these emblems of author-
ity with wliich you have invested yourself;
for that authority must, indeed, bo great
which gives you a censuring and condemn-
ijQg power over the highest and gravest offi-
ces of government. Wiiat new dignity is

*In a letter from Pope to Arbulhnot, dat-
ed 2(>th July, 1734, he says : — " To reform,
and not to chastise, I am afraid, is impossi-
ble ; and that the best precepts, as well as
the best laws, would prove of small use, if
there were bo examples to enforce them.
To attack vices in the abstract, without
touching persons may be safe fightine:, m-

this which you have exclusively appropriated
to yourself. Produce your patent, I beg of
you ; for it has hitherto eluded all our senses
of touch and vision. From which of the
great and virtuous actions of your lifo has it
emanated ? I have known you for many
years, and to none of those can I trace it. I
know not what you esteem as acts of virtue
and humanity, but I will tell you one or two
that I do not consider in that light. I do
not esteem it either virtuous, g'.*nt;'ms, or
humane in you to have shut your neart and
your purse against the claims of the sufferers
from the New-Brunswick conflagration at a
time when every other heart and purse in the
province and in the empire were thrown
open to their necessities, and when, as
Speaker, you had pocketed many thousand
pounds of the publick money. Their solici-
tations, though made by gentlemen every
way your superiors, were received with the
cold juhuman remark that the sufferers were
hutches Anglois, undergoing the pains of a
terrestrial ordeal preparatory to an infernal
one ! Deeds of charity ought to be done in
private ; nor will I insult the leading object
of your malice by contrasting his conduct on
this occasion with yours. It will be suffi-
cient to say, that were I to do so, the pub-
deed, but it is fighting with shadows. My
greatest comfort and encouragement to pro-
ceed has been to see, that those who have no
shame, and no fear of any thing else, have
appeared touched by my satires."

^13

itek KOuUHh'' .u no loss upon >>lio:u (vMiv
thesti^'iiiiA of i>iiili\ prt\)Uiiioo. auvl tlcspot-
isni. laml Dalhousio's charity has «^vev
been luimitveont. Youi-^ has always brrw
cojituioil to a ro/f in ike House of Assomhly.
Ho nhvays jiavo away bis own in elemosy-
iiary gifts. You weiHJ contt^nted mul sivnti»
fietlhy disposing;" of thf^ propony i>f I'ttun-s.

P<> von ivtiuMubcr But why should 1

insult tho ptihhok with u iMtalo;;iio o( your
Ciritt«*s f Are thoy noiulroatly well known?.
Do we not fiutl nioplo proots of thent in every
counteuiiuce nt the bare mention o( your
nuMte ? Is not the naaio o\' l\iy'tu\r.) a by-
■^NoM nnil a [>roverb ." Is it not heUl in tleris-
iou by all w hti wish well to the tountry I
Is It not synonymous, not only with yide^
prtjHifict^ «m( tksiHHism* but with «rvery thiujs;
thnt is ntHenb>«s. bijiolted luul obstinate?
Aivnotthe very e<jA»>/»< now oulletl l\tyn-
eaus * But let us behold you in auother
character: let us behoUi you tcithifi dth^rs^ as
the plir.ise has it.

You were btvu^ht up to ttie Liw : a most
noble rtuii ivspecrable prt>fession in which,
ilull as your foivnsick talents are. you mij;ht
h.no succeeilcil ; ami iiraj;j;etl t)ut a hfe. if not
of spleuiJoiu" orartUienee, at least of ct>mpa-
rative innoeenee ami retirement. !*ut the
eourts of law . were too eontraeted a fieltl (or
a man of your an\bition : you found their tii};~
nity, ortler. ami suboixlination iueompatiblo
witbyour views, an^^ destructive of your aspi
rations. In uuevil hour ymi deserted the bnv.
and betook yourself to the more precariou-o

214.

trade of politicks. How you have hitherto
succeeded io your new employment, an ig-
iioraot and discontented people — an idle and
famished peasantry — a disgraced and ruined
couutry.bear ample testimony. Sir, the rest-
lessness of temper which made you a legisla-
tor has proved injurious to yourself; but the
ambition which placed you in the Speaker's
chair, has, I fear, destroyed your country.
We shall be overwhelmed if you do not de-
sert the senate as you did the bar, and imme--
diately retire to your original obscurity.

Your career in the Assembly, but especial-
ly as Speaker has been remarkable for a
variety of strange circumstances. In what
publick capacity does the province ever hear
of you as a politician ? Your publick iden-
tity is confined to the Hustings and the As-
sernbly ; and the chart of your travels scarce-
ly extends farther. We never behold you as
a member of any literary or scientific society.
We never see you mix with the gentlemen of
the country in giving aid, countenance and
encouragement to the youth of the times in
their endeavours to store their minds with
useful and ornamental knowledge. Neither
our museums nor our Libraries owe you any
donation : not even one of those speeches
and pamphlets in whose praise yourself and
your friends are so clamorously eloquent.
No ; we never behold you, but in a dull round
of plodding intriguing politicks. No scene
has any charms in your eyes but the gloomy
walls of the house of Assembly ; no station
but the chair, the table and the floor of that

2i6

venerable fabrlck. Your oratory, too, liko
your person, has its locale ; and we scarcely
ever hear of you as a speaker, but when the
mace and a thousand pounds are glittering
in naiagnified rays before your eyes. Who
over thought before that avarice had been a
Constituent part of eloquence ! Sir, I know
not whether you keep a mistress ; but if you
do, you are much beholden to her for initiat-
ing you so perfectly in the abandoned trade
of prostitution. Have you not prostituted
all the little talents that you possess to tho
gratification of a party ? Have you not made
it the object and study of your life to please
that party in their endeavours to obtain tho
mastery over the government of the prov-
ince ? Have you not sacrificed with thera at
the shrines of Bacchus, of Pluto, and of
Mercury? Have you not, in fact, become
the High-Priest of their political revelries?
Have you and they not turned the House of
Assembly into a house of bad fame ; in which
the character, reputation, and circumstances
of every honest man in the country are night-
ly investigated and discussed ? But you have
done worse than opening a banqueting house
for scandal. Have you not established an
inquisitorial tribunal over the lives, liberties
and privileges of every British subject in the
province? What man is safe from your il-
legal and unconstitutional scrunity ? What
private family is secure from your Jesuitical
mode of procedure ? Is there a father in tho
province who does not tremble for his ofT-
spring if they are anywise connected ^vith

216

the publick business of the country ? Is there
a son who does not do the same thing for his
father? Who, that differs in opinion from
the House of Assembly, is not made an ob-
ject of insult and persecution ? Who, in the
honest discharge of his duty happens to give
oiSence to the Assembly, that is not dragged
before them with every indignity, and com-
pelled to undergo, not a fair and legal trial,
but contumely, scorn, and disgrace ? In the
name of British Liberty, what age and coun*
try is this that we live in ? Britons / can
you longer endure this! Do you live in a
British colony, and submit to have your rights
thus wrest-^^d from you! Can you live, and
forfeit the liberties for which your fathers
bled ? Is the cause of Sidney and of Hamp-
den no longer yours ? You are loyal and
brave. Be resolute and courageous ; and
rest assured, that the evils you now complain
of will soon have an end. I declare, in the
face of my country, that the House of As-
sembly, as at present constituted, is corrupt
and an intolerable nuisance. The people
have a right — a well defined constitutional
right-— to recall such representatives. Let
that be done. Let us peaceably and res-
pectfully petition the Governor to dissolve the
present parliament. There can be no right
without remedy. There are limits to the
privileges of the House of Assembly ; and
when these limits are over-stepped, I main-
tain that even the Legislative Council — that
traduced and much abused body — have a
constitutional right tojoin the people in pre-

;:i7

serving the coastitution. They are as much
the guardians of the puhhc -welfare as the
House of Assemhly ; and they are therefore
bound to assist us when our rights and liber-
ties are at stake. It has been said that dis-
solutions do no good in this country. I care
not. Let the forms and powers of the con-
stitution be maintained when the rights of
the people are in danger. Who is the phy-
sician that would not administer medicine
when the body is diseased and in danger,
though he were assured that no benefit should
result from it?

But, Sir, I have lost sight of you for a lit-
tle. Yet, were you a thousand times of more
importance than you really are, who could
preserve any remembrance of you when his
country w as in jeopardy ? No wonder, then,
if I have forgotten you for a moment. But
though I forgoi you personally, the miseries
which you have entailed on the province
were fresh in my memory, and its real inter-
ests deeply engraven on my heart. I had a
right, therefore, to rally around me all the
loyalty and sterling principles which I know
ihe country to be yet possessed of. I did so ;
and 1 have not so mean an opinion of myself
as to think that my efforts will have beea
altogether in vain. But I know not that I
should,, at present, add any thing more to
the truths which I have told you. I have
convicted you of Falsehood, Defamation and
Scurrility ; and I think that the transmission
of this record to posteritv, will be ample
13

Ms

|)UuishmeDt. 1 should be sorry, liowever, to
send you down lo futurity who'ly unaccom-
panied ; and therefore beg leave to introduce
to you the very acceptable names of Viger
and Vallieres— names connected by allitera-
tion as well as by a community of feeling,
priaciple, and profession :—

" Two bookful blockheads ignoranlly read
^»Vilh loads of learned lumber io their head."

They both participated with you in your as-
sault upon the character of Lord Dalhousie •
and it is but right and just that they shouM
share in your punishment. Mr. Viger is also
reported to have said, in the debate on Mr.
Christie's illegal and unwarrantable expul-
sion, that " for his part he felt it painful even
to name such a man as Lord Dalhousie." No
wonder ! He knew that Lord Dalhousie was
a gentleman ; which he is not himself. He
knew Lord Dalhousie to be a soldier ; which
he also is not himself. The skulking ex-
ploits of a Niger behind a tree in the battle
of Chateauguay, have not yet been forgotten.
They yet serve as an amusing tale to beguile
the long w^inter nights in the neighbourhood
of that famous field. As to Mr. Vallieres,
the " damnable system,^' which he spoke cf
on the same occasion, has served to give to
the country a better opinion of his refigious
principles than have been hitherto entertain-
ed. This is the first intimation the publick
liavehad of his belief either in heaven or
hell. The province rejoices at the conver-
iioD of so sreat a man : and tl»e clmrcb. that

■19

reared hira IVom a destitute orphau to i/is
present exaltatioa and popularity, cannot,
do otherwise than perform iiigh n>ass and
Te Dtum for the return of so undutiful and
long-lost a prodigal. However, were he
now wearing, as he expected, Judge Tach-
ereau's three-cornered hat, the publick will
do hira the justice to believe, that, " be the
administration of Lord Dalhousie" what it
would, we should hear hira extolling it to
heaven instead of sinking it to hell.

Adieu, for the present, false and defama-
tory Triumvirate ! Adieu, wretched calum-
niators of a man of acknowledged honour,
virtue, and integrity ! Adieu base slander-
ers ! If you ever renew your work of malice
and vindictiveness, depend upon it, that yoLU
shall hear again from

THE WATCHMAN.

58th February, 1899,

m

NO. IX. ^ j^

" The. ivell-bemg of a Stats is u-holly depend-
ent on the character of a people.''^

To John Gait, Esquire.

In fulfilment, my dear Sir, of my promise
to communicate to you whatever iofoima-
tion I might deem of importance respecting
this distant, but interesting portion of Hrs
Majesty's dominions, I have often revolved
in vain on a subject befitting both your own
superior talents for iaqi'iry, and those means
of improving them which you could not fail
to have enjovod during your residence in the
country. This residence, however, though
of the utmost consequence to the iuture glory
and prosperity of the Empire, must nesessa-
rily be too short to enable you to investigate
with that truth and accuracy, for which your
researches have ever been remarkable, every
subject claiming the attention of the philo-
sophick traveller ; and there being few to-
picks which require a more penetrating eye,
a keener spirit of investigation, or a more
intimate acquaintance, in order to be able to
draw a true representation of their various
degrees and" shades, than the character and
manners of a strange people. I have, there-
fore, as an eye and an ear witness of seve-
ral years, had the boldoess to attempt giving
you a Sketch of the Manners and Customs of
the French Canadians. But 1 beg of you al-
•ways to remember, that it is only a Sketch,
and the very feeblest of Sketches ; for, al ■

221

though few, indeed, I may say no cue. has
treated the subject as J, with due humility,
propose to do, yet I shall only look upon my
reminiscences as a sort of DEedaleati clue for
extricating a greater stranger than myself
out of that most intricate of all labyrinths, the
erring and winding ways of man. It he-
comes me at the same time, to assure you,
that nothing shall be stated but with the ut-
most possible deference to truth ; than no
trait shall either be heightened or shaded in
its colouring beyond the bounds of its legiti-
mate and peculiar characteristicks ; that no
sentiment shall willingly or maliciously be
distorted or exaggerated ; that foibles and
blemishes, if they do exist, being inherent to
every class and denomination of mankind,
shall not bo brought forth in order to be
treated with contemptuous severity, but
merely to elucidate more forcibly the sources
whence they spring, and the evils to which
they lead ; that folly and presumption will
be pitied rather than blamed ; that if crime
or immorality should unfortunately meet us
on our way, they shall not indeed be either
shunned or palliated ; but neither will they
be treated in any other way than as the fatal
engine of the ruin and destruction of society ;
and, in a word, that however much the pen-
cil may be wanting in art and dexterity, it
will be my endeavour to make it up in an
undeviating love of truth and persevering
effort at accuracy, so far as the means of my
information extend.

13^

AqJ hei-e I cannot help expressing my sur-
prise at the extreme paucity of our informa-
tion regarding the customs and manners of
the French Canadians, who, with respect at
least to the British publick, are, at this mo-
ment, a people almost as much detached as
they were when Wolfe planted the British
ensign on the Heights of Abraham, or even
as much so, in several instances, as it is pos-
sible for the savages of the woods to be,
whose estrangement is not so very uncon-
querable as it is generally imagined, and
whose aversion to Englishmen, in particu-
lar, is not loaded with half the prejudices
that are to be found among the Canadians.
This want of information, insignificant as it
may at first appear, has been the source of
many national and local evils, as well as po-
litical blunders. For had the love of free-
dom, susceptibility of improvement, respect
to British institutions, and, in numerous in-
stances, docility of temper so natural to the
Canadians, been better understood and
brought into operation during that eventful
period, from the conquest till the passing of
the Canadian Magna Charta in 1791, our
legislators and law-givers should not, at this
Lite seasion, have to encounter so many
stumbling-blocks as, you must be well aware,
daily spring up in their way to reformation
and improvement. The enlargement of the
book of knowledge, would not only extend
their views, but give an impetus and a prop-
er direction to all their plans. But, without
this, those who have the superintendence of

iiatioaal aftairs, especially those ol'colouiei
situated at a clistaueo from the mother coun-
try, must always bo i^ropitig in the dark, and
blind leaders of the blind, till Boine <'«arful
catastrophe meet them in tiicsr wa^ and
plunge them mto irretrieviihle ruin. It will
then be too late to look for the proper path, or
for careful guides to lead them through it,
for the quagmires and vortices of the slough
of political despond may have already swal-
lowed them, with all their ambitious, but
ill-directed, hopes and projects.

I do not assert, that any thing of this has,
as yet, taken place in Canada, and I sin-
cerely hope it never may ; because I perceive
many things going on around me uhich be-
token the most auspicious improvements,
nay, which, I trust, will ultimately avert the
fears of the most solicitous regarding this
part of the British empire. Yet who can
look upon the beggarly fund of information
which a Bnu^n can boast of with respect to
this country, and the difficulty which he al-
%vays experience in drawing upon it for how-
ever small an amount, without absolutely
hesitating as to the actual dependency of such
u vast territory upon the British crown, and
loudly exclaiming against that false and short-
sighted policy which should thus, by a piece
of the most cruel and culpable negligence,
sacrifice the best interests of a large body of
the finest people in the empire, and perhaps,
the ultimate welfare of the empire itself! I
am no stickler about voyages and cxpedi-

224

ijous to Tombuctoo, the sources of the Niger^
the north pole, or even to the moon, if such
a trip could be aceompHshed, of which, by
the way, we need not despair, considering
the many wonderful thinjr^? that are done in
this our day and generation, provided such
expeditions and voyages W'ould either add to
our knowledge of science, or serve to main-
tain unsullied and undiminished British va-
lour and intrepidity. But when I behold
tome upon «orae, and quarto upon quarto
fullof thrice-told savage wonders and Indian
legends, and descriptive of rocks and stones
■ — of rare birds and wild animab with which
the learned world has heeu familiar lor ages,
while scarcely an authentic page can be pro-
duced on the subject of the moral and phys-
ical character of nearly half a million of
British subjects — a subject of all ethers the
most important to an enlightened uation — I
positively marvel at the great want of judg-
ment which it discovers in a quarter from
W'heoce better things might be expected, and
become really amazed, taat the consequent
myopy has not been productive of far great-
er evils than those which we so justly com-
plain of. Let me ask you, if such a state of
things be not for once, at least, an ample
and decisive proof of the justice of a maxim
in the last book of Aristotle's physicks, which
says, that whatever was below the moon was
abandoned by the gods, to the direction of
nature, and chance and necessity ?

You are of opinion, that whatever pre-
ludices exist among the Canadians to the

22j

general character, opinions, manners, and
public institutions of their neighbours of the
Uniteil States, ought to be fostered as the
surest pledge in the time of need, that they
will not fail in the most faithful discharge of
their duty to themselves and their country.
I believe I had the pleasure verbally of con-
vincing you how cordially I agreed with you
upon this point to a certain extent, and it
wiirbe niy duty, in the sequel, to show you
how far these prejudices at present obtain.
But if you will maturely consider this impor-
tant subject in all its bearings, I think you
will, in your turn, agree with me in the con-
clusion, that tho more you promote and fos-
ter these prejudices, without at the same
time inspiring those who entertain them
with sentiments of national pride and patri-
otism of wider bounds than those of Canada,
and almost extending to the utmost verge of
the British dominions, the higher and the
thicker you will build thatfatal wall of parti-
tion which has so long divided the interests
of the English and French inhabitants of
Canada, and entail upon the country those
very evils which, by a more extended field of
information, we assure ourselves would in-
evitably and irremediably be destroyed. The
prejudices of an enlightened people against
foreigners, such, for instance, as those en-
tertained by the British against all foreign-
ers, but particularly against the French, do
aot appear to me to arise so much from hatred
.and contempt as from that conscious supe-

226 ■

rlority, that unalterable love of country, and
that flattering self confidence which, as being
the most acceptable unction to the vanity of
human nature, it would be as easy as it
would be prudent to instil into the minds of
every independent nation. These preju-
dices, if tliey may be called such, seem to be
the true foundation of genuine patriotism.
But how is this generous and chivalric pas-
sion to be cultivated in the bosoms of a con-
quered or collateral people, occupied with pe-
culiar notions of their own at perfect antipo-
des, perhaps, with those of the mother coun-
try, and confined to what I may term the
exclusive system of a corporation that has
no interest, and desires to enjoy neither in-
terest, nor influence beyond the bounds of
its own contracted sphere ? Simply, in my
humble opinion, by a strict and impartial in-
quiry into the general character, springs of
action, susceptibility of change, bias to any
particular order or system of society, capa-
bility of instruction, natural love of country,
fondness of general knowledge and, in a word,
into any prominent feature characterisrick of
a free and industrious people. Such an in-
quiry conducted, under the auspices of such
agoverument as ours, by such men as your-
self— no flattery, believe me — would aflbrd
to the philosopher and the politician a sort of
moral chart which would enable them to car-
ry with safety and success into the bosom of
the Canadians any measure calculated to
promote the general welfare of society, or
the political prosperity of the empire ; and

'/Z«

enable ihem to lay the fouadatiou of almos?
©very public and private virtue.

By this means, without entering into naa-
Dy particulars, the somewhat useful, but I
fear rather dangerous prejudices to which I
have been alluding, would certainly be eradi-
cated ; but I hope yoo perceive, that they
would gradually be replaced by prejudices
far more important and enlightened, 'f I roay
say so. We should exchange the prejudices
of gross and barbarous ignorance for the
more manly and useful ones of education
cind real love of country. The one &})ecies
of prejudices — that of rudeness and barba-
rism~though deeply rooted can only be
nourished by sloth and brought into Uiieful
operation by flattery; while the other, be-
cause it contains the principle of action with-
in itself, is always ready to be brought into
operation whenever circumstances may ren-
der it necessary. The one, in short, de-
grades, while the otherexalts human nature.
The one debases the soul of man to a level
with the brutes that perish, while the other
cherishes every noble sentiment* and serves
to raise the mind to the highest and the
proudest pinnacle of the tern p'f> of fame. I
have said that the prejudices of ignorance
must always be flattered beff?re they can be
made to produce any useful results. Let me
be more plain, and say, that the prejudices
of my fellow subjects, the Canadians, as they
are of the worst possible kind, must always
undergo this degrading operation in order to
render them productive of any good effects,

«neu such citiects as arc only calculated to inX'
iniaister to their own personal interests and
ieelings. But is not this a most melancholy
foaturoin tlie character of any people ? Is
it not a most t!e{)Iorable circumstance — nay,
dlsg^racoiul to human nature itsclf---lo think,
that, iu order to rentier any particular vice
serviceable, and what is the prejudice of igno-
rance, hut a vice, it is necessary to call it in-
to active existence by the application of
another vice equally, if not more debasing?'
Yet who will deny the fact ? In cill the
eventful emergencies of war and invasion to
Avhich we have been almost unremitiingly
exposed on this continent, either by our own
folly, or the avidity and ambition of others,
by what means did we prevail upon the In-
dians to take an interest and a part in our
af5;iirs ? Why, by imposing, iu the first
place, on their credulity, and iu the next,
flattering their vanity and and corrupting
their native love of country. Their preju-
dices were strong, but not so strong as to ena-
ble them to resist the more powerful grasp
of bribery. For our own sakes, and not oa
account of any love we bore to them, we ap-
proached them as we would a man out of
liis reason or half distracted with rage, easi-
ly seducing them from their own more natu-
ral and legitimate allegiance by those means
which gave to knowledge in all circ umstau-
ces the superiority of ignorance. Thus the
poor unfortunate creatures become a sort of
Cis-Atlautic Swiss, ready to barter to the
highest bidder those services which their

229

i'udeness, ignorance and prejudices prevent-
ed them from applylag to the salvation of
their country. It is just so with the Can-
adians, whose prejudices, as I said before,
are, in a many respects, as narrow and deep-
ly rooted as those of the Indians ; and whose
notions of patriotism if they have any no-
tions at all upon the subject, are solely con-
fined to their own narrow circle and circum-
stances. The ridiculous jealousies of the
Canadians prevent them from extending their
views. This prevents them from associat-
ing with their more enlightened fellow sub-
jects, by whom alone they can be taught those
generous sentiments by which all great na-
tions are almost spontaneously actuated^
They are thus strangers to their most impor-
tant duties, as members of this great empire.
In time of danger, therefore, a sense of this
duty must of necessity be forced upon them.
But how is it possible to do this, except by
that identical process which was used with
respect to the poor savage ? It is therefore
but reasonable to suppose, that a people of
such confined views and such unseemly sen-
timents should become, at times, the prey of
those most dexterous in plying them with
those hopes and fears most congenial to their
prejudices. Indeed the strongest, whether
friend or foe, will become their master ; and
they will cry out like the Italians, God save
the conqueror ; passing, in all probability^
from one allegiance to another in the course
of a Campaign.

Tbns our dntv at once to ourselves nnd tliis

oQ

sprightly but rude people, becomes plain aud
evident. Theymiist be inspired with British
sentiments and Bnfish feelings. Though
permitted to retain the free exercise of their
manners, language and religion ibey must bo
taught to look upon themselves, not as a dis-
tinct people having no community of inter-
ests or feelings with the rest of the country,
but as an integral, important and substantial
part and portion of the nation. They must
not be taught, as they have hitherto unfor-
tunately been, by those claiming influence
over them, to look upon EngHshmen as for-
eigners aud invaders of their country, but as
brethren whose rights are neither superior nor
inferior to their own, and whose prosperity
is not a whit dearer to government than
theirs. They mustnot be allowed to ima-
gine that the sole business of Englishmen in
coming to this country, is to crush and ex-
tinguish them, but, on the contrar}', to im-
prove their own condition in life, and in do-
ing which, they are always willing that the
Canadians should go along with them side
by side. They must be taught, that our laws
are equitable, humane aud salutary ; that
government, especially such a government
as ours, and which we have most liberally
imparted to them in its fullest vigour, is not
the engine of tyranny or despotism, like that
from which we have emancipated them,, but
of freedom the most perfect, and of power
the most extensive ; that our protection is,
in every respect, unquestionable ; and that,
jnstcad of loading them with public burden;?

231

for that purpose, we do it gratuitously, aad
relieve thein from every imposition, except
those calculated to promote their own imme-
diate improvement and prosperity. Bur,
above all, they must he mentally instructed.
Th*i iron barriers of i<2:norance and supersti-
tion must be broken down, so as to admit
the gonial rays of education and learning.
The mind must bo illuminated.

If all this be done, we shall soon discover
the Canadians to possess all the virtues that
we can reasonably desire, and a strong dis-
position to am.alganiate with every thing lau-
da1)le in British sentiments and feelings.
AVhen we have occasion for their services, in-
stead of finding it necessary to address our-
selves to the prejudices of a poor and selfish
people in a state of seml-harbarisfn, we shall
find them meeting us half way, mutuary
fraught with indignation at the country's
wrongs, and inspired by every sentiment be-
coming a great and free people. We shall
no longer be obliged to treat with them for
their assistance as with foreigners whom wo
wish to become our allies, in order to avert
the approaching danger ; and it is not b}'
trucking, higgling and bartering; for the ser-
vices of her own sons, that England has at-
tained her present elevated station, and, in
a great degree, become the protectress of the
civilization of the world. Lee the Canadians
persevere in calling themselves a JSTition. If
there is any charm in the title, let them enjoy
itin its fullest extent. But let it be enjoyed
as an integral part of that of Britain, in'thr;

23^

auie way that the inhabitants of the Roman
j^rovinces, while they preserved their own
national appellations, claimed, aodwere proud
to obtain, the more important and dignified
title of Roman Citizen. This, I dare say, you
will say,is still ministering to those local prej-
udices which I ara so anxious to see destroy-
ed. It is so. But if we permit any kind of
prejudices to exist — and there is no nation,
and God forbid there should be any natioii
without certain prejudices — this harmless one
ought to be the first to be tolerated and fos-
tered. There is, as you well know, a pecu-
liar charm in the nicknames which dtfferent
countries sometimes give themselves. With
what electrifying emotions do the various ap-
pellations o( John Bull, Saivney and Paddy,
strike the ears of the different inhabitants of
England, Scotland and Ireland ! No one will
deny that this is a prejudice; but who would be
so cruel as to seek its destruction ? If, there-
fore, the Canadians can be made happier by
an indulgence so common among their fel-
low-subjects, let them enjoy it in the same
manner that they do — the mere emblem of
good humoured distinction, but at the same
lime, of true hearts, united courage, and uu-
deviating loyalt}'.

But it has been objected to ihe mother
country, that it is neither her Tight nor her
policy, in any manner to interfere with the
Canadians so as to force upon them any
change of manners, customs, or laws, howev-
er conducive to their moral and political im-
provement. Nor is this the vague and idle

surmises of a day. It has, as yuu partly
know, become of laic the business of a very
influential party — and a par<i/ it is in every
sense of the word — to instil such dangerouK
floctrines into the minds of a people, whose
proverbial ignorance and credulity render
them above all others the easy dupes of poli-
tical intrigue and factious principles. It is
daily uttered in pamphlets, newspapers, and
all those other popular means of corruption
by which wicked and dissolute men have in
all ages^becn able to poison a certain portion
of the public mind. As to this country, such
indescribable enormities have been commit-
ted on the glorious liberty of the press, that
great palladium of British freedom, that it is
now scarcely possible for it to disgorge any
thing that can disgust, however much it may
contaminate ; for every liberal and generous
act of government, every act calculated to
raise this colony in dignity and importance,
has the misfortune to encounter in almost
every direction a mountain of resentment and
abuse sufficient to astonish if not horrify any
reasonable being. But that the pure press
of England should bo sullied as it has of late
occasionally been, by the slime, and filth and
putrid saliva, and leprous bile of Canadian
factions, is rather too much for our patience
and fortitude to bear ; and is a convincing
proof, that neither place nor time is two sa-
cred or unsuitable for the purposes of those
who have no business but error, and no am-
bition but to be distinguished as the misleaders
''''kJ corrupters of mankind. It was? in this

234

nmiiuer that what is fashionably termed the
Ainericaa revolution, coiuineuced. It was
by the prcachiug of this identical doctrine, that
the Apostles ot eoalusioD aud rebeihon pre-
pared the miuds of weak and uniuforuied
incti for dcsj)ising the parental authority of
the mother country, ant! of driving Britons
to the madness of imbruing their hands iu
oacii other's blood. It is evident to every
impartial observer, that Canada is fast ap-
proaching towards some important crisis,
and that, too, acrisis not the most satisfacto-
ry to the lovers of order and good goveru-
mcut. A political storm has lor years been
gatlieriug in this country, which, if longer
submitted to, must inevitably carry us down
the tide of inextricable ruin; but which, if
resisted iu time, and manfully stemmed,
must yield to our jjcrscvcrance. and burst
harmless long before it approaches to that
destructive maturity which it at' present por-
tends. It is, therefore, of the highest conse-
quence both to England and Canada, that
their true relative situa'.ions should be dis-
tinctly traced out ; that the authoriiy of the
one and the duty of tiie other should be im-
pressed on every mind and made legible to
every capacity ; and tljat, iu short, the rights
of Sovereign and vassal should be so ascer-
tained as to render the least deviation from
them as dangerous to the one party as to the
other. Iu uic event of revising our present
constitution for the purpose either of remod-
elling it, or devising belter means for pro-
moting the peace and impvovcrueni ofthi*

23j

part of the British dominions, this^ — 1 meaE
a clear and distiuct iiuderstandiug of the re-
lation subsistiug betwixt ns and the parent
state — is the first thiup; that ought to be done:
for whether we know our own interests or
uot, and w hetiier knowing them, we pursue
th ni in tlie right or the wrong way, nature
herself will teach us to resent, and that in no
very mild or delicate terms, every reprimand-
ing voice and every blow of correction, ex-
cept those alone which proceed from recog-
nized and well-defined authority. If this
first principle in the government of Colonial
possessions be uot attended to, we may well
despair of every step that may betaken ia
their amelioration, where prejudice and in-
terested views — a thing unheard of — do not
go hand in hand with philosophy. If, there-
fore, in humbly submitting to your consider-
ation a slight view of tb"^. deplorable state of
matters in this province, and the mode ia
which, in my opinion, tlwy c.tn only be ex-
tricated from their present jeopardy, I shall
be tempted to go somewhat into detail, 1
trust you will forgive me, and credi* me whea
I say, that nothing but an ardent desire to
see Britain flourish in all her <lepartments
and dependencies could have induced me to
lead you into discussions which I fear will,
to you at least, be far more tedious than pro-
fitable.

Trusting to future opportunities and more
ample leisure than I at present enjoy for the
fnlfilmeiat of mv promises oa the subject
14

here touched upon, I must desist ior the
present, and only add that I always am,

Yours, truly,

THE WATCHIVIAN

7 th March, 1820.

NO. X,

^' When ilie blessings of the British Consii-
tution ivere granted to this Province, you re-
ceived them with the recorded experience of cen-
iuries of practice: there is no question of doubt
or of difjiculty that may not find its precedent
in the records of the Imperial Parliament, and
I cannot think that any iviser guide need be
desired."

Lord Dalhoiisie^s proroguing Speech, 17th

March, 1821.

The late Session of the Provincial Parliament .

Although we have already expressed cm-
opinions on some of the leading questions
which have occupied the attention of the
Legislature, stiil the session offers us abun-
dance of naaterials for further observation. It
is the most important session that has been
held under the present Constitution. On its
decisions hung not only the peace, welfare,
and prosperity, of the Province, but the very
existence of this Constitution itself; which,
from the atrocious nature of the proceedings
that distinguished and characterized the ses-
sion, and the monstrous issue of its termina-
tion, has, in a manner, been destroyed and
annihilated. What is the Constitution but
a rule of conduct ? If that rule be once bro-
ken or encroached upon,by what other means
shall societv be held together, and onr rights
]4

!JS

and liberties preserved from destrucilou ? xn
nudcrtaking to review a session pregnant
witli such momentous consequences, ve are
not ignorant cither of the ardour of the task
which we have imposed upon ourselves, or
the fate which awaits us— -the fate of all those
who dijjiinguish themselves by opposing
number, power, and prejudice. We know
vight wcH to what animadversions and im-
putations we expose ourselves. Wo know ^
what a speaker or writer has to expect in
thsse days who advocates the cause of the
constitution and the rights and sentiments of
those true Britons who have the misfortune
to live under it in this Province. We know
we live in a country where, though subject
to British rule and i?ritish dominion, the very
countenance of an Englishman is beheld with
aversion, and where he is esteemed a great-
er enemy than even an alien from any other
quarter of the world. We know we live in a
British Province which affects to raise itself
to the character and standing of a Natioj}.,
and that he who resists the impotent and
ridiculous claim, runs the hazard of being
branded as an incendiiry and oi ilaw. We
know we live in a country upon which the
blessings and privileges of the British Con-
stitution have been conferred, but where tho
uuthorirv derived from those blessings and
privileges has been made subservient to the
most infamous and iniquitous purposes. Wo
know, as we have said on a former occasion,
that there may be a Political as well as a Re-
rigious Inquisition, and that there is at thi-^

239

liioment a Political Inquisition in this Prov-
ince! We know all this, and a great deal
more which we will not now recapitulate ;
but still we flinch not from our duty; and
never shall, even if the whole power and
menace of this Inquisition were arrayed
against us, until we behold a purer and a
brighter sun arise on our political horizon.
Thank God ! we are strang;ers to that grov-
elling cowardly spirit which has of late char-
acterized the Press of this Province. That
Press has abandoned a good cause and be-
trayed a great man and munificent patron.
We proclaim this to the world in the sight
and hearing of that Press. We thus give it
an opportunity of vindicating its conduct if
we have arraigned it unjustly ; but we fear
that its condemnation has already been pro-
nounced by the publick. It is true that ive
have come later into the field than any Press
now in Canada; but it is also true that our
inducement to remain so long in it, is the
desertion and flight of those who ought to
have died on the spot rather than forsake
the cause which they adopted with so much
seeming zeal and loyalty. We are aware
that we are fighting almost alone : but has
the justice of a cause ever been estimated by
the force arrayed on either side ? But what
is our cause ? The principles of the British
Constitution! This is a cause in which the
civilized world is interested. Yet, how sad
a thing it is, that in Lower Canada, what-
ever maybe thought or uttered by individu-
14*

240

ais ill private, scarcely a voice is publickly
r.iised in its favour. Heaven forbid that such
fi state of things-— that such degratliog and
tlespicable apathy-— should continue to dis-
j:;race a British Province any longer, and
that only one solitary " Jfatchman'^ should
be found at his post in a time so perilous and
desperate. What has become of " iS'enc.r,"
of "DeZto," and ''A British Settler?'' Are
those voices now mute which were wont to
sound the alarum when the Constitution-
was in danger ? In the name o( British Lib-
erty we call upon them once more to stand
forth, and rally around them the friends of
the Constitution. Our rights never stood in
greater jeopardy than they do at this mo-
ment; and unless we array every British
heart in their defence, we are undone forever.

" Thy spirit. Independence, let me share,
Lord of the lion-heart and eagle-eye.

Thy steps 1 follow with my bosom bare,
Nor heed the storm that howls along
the sky."

In the meantime let us do our dutj% We
have undertaken a task and must perform it.
Bold in the integrity of our intentions, and
stern in the consciousness of our honesty and
independence, it is not the unpopularity of
an individual, or the unfashionableness of a
doctrine, that shall deter us from defending
the one or maintaining the other. We say
this because we detest all kinds of innova-
tion, tyranny and malicious abuse. A Leg-
islature can be'tyrannical as well as a King:

241.

and we detest one tyranny as much as the
other. We also detest inconsistency, ava-
rice, and intrigue ; and if we can shew, in
the course of these strictures, that it is to
those detestable propensities and passions,
we principally owe our present state of po-
litical degradation, who will blame us for
making use of that just but severe language
which renders the moralist the best guardian
of virtue, and the patriot the best safeguard
of his Country. Our sentiments as well as
our language may be thought irksome and
disagreeable to some men, and even to men
of standing and authority. Yet we shall
make no apology. We are too well acquaint-
ed with our Constitution and with British
liberty not to know, that we cannot be bet-
ter em pi oj'ed than in defending our rights
and privileges as freemen, and in resisting all
invasions of those rights and privileges,
whether they emanate from government or
the legislature. * Unconstitutional measures
must be withstood as well as those of tyranny
and despotism, because the first are always
the precurser oi the second. But to ani-
madvert on measures in the abstract, without
tracing them up to their authors, would be
at once useless and endless. TVe shall not
therefore attempt it. It is, indeed, impossi-
ble to do otherwise than deplore the general
features of the measures of the late Session ;
but, in pronouncing an opinion upon them»
we must have recourse to their authors, as
alone responsible to us and to the country at
large,

14**

242

I»erorc prococding fartlicr, it will he ue-
cessary. Tor tho firll un<^)er(iitatuling of the
sul>iert, to draw a sketch of the state of par-
ties in this province.

When the Sovereignty of Canada was
transferred from his INlost Sacred to hisBri-
tanuick iMajesty, nothing couhi ho more vo-
ciferous than the joy of tlie Canadians. It was
like the emancipation of a CoU>uy of slaves.
The chains of French despotism once struck
ot!', i: was thought that no snhmisiou could
be greater, and no gratitude more deep
and lasting than those of this people towards
their new Sovereign and Country. Every-
voice was raised in lamenting tlie injuries
which they Iiad so long endured under a mi-
litary system of government, and in praise
of the freedom which they breathed, and the
protection which they felt from the influence
of the B'ilish Constitution and laws. Such
sentiments, worthy of a wise and prudent
people, they were not only content to utter
among themselves, hut frequently to convej^
to tho foot of the throne, as well as to every
intervening power and authority.* This ox-
cess of kindness," say they in a petition to
the king from which an extract is given in
the note below---*' This excess of kindness*
towards us we shall never forget. These

*»» Sire, vostres-soumis et tres-fidelesnouv
aux sujets de la province do Canada pren-
tient la liherte de se yrostencr au pied| du
ihrone, pour y porter les sentiments de res-
pect, d'ainour, et de souuiission donlleors

^onerous proot's of tlie clemeuoy ot our be-
nign conqueror will be carefully preserved

cceurs sout remplis envers votre auguste per-
souue. ot pour lui rendre de tresliumbles ac-
tions de grace de ses soius paternels.

Notre rccounoissauce nous force d'avoner
que le spectacle aflVayant d'nvoir eteconquis
pnr les nrmes victorieuses de votrc IMajeste
n'a pas lougteras excite nos reg;rcts et nos lar-
raes. lis so soutdissipes a diesiire que nous
e'v'ons oppris combien il tst doux de vivre
sous Ics constitutions sages de I'empire Bri-
taauique. En eflet, loin de rcscntir au mo-
ment de la coaquete les tristes eflets de la gene
et de la capture, le sage et vertueux General
qui nous a conquis, digue image du Souver-
ain glorieux qui lui confia le commandeuient
de ses arnices, nous laissa en possession de
DOS loix et de noscoutumes. Le libre exer-
cise de notre religion nous fut conserve, et
confirme par le traite de paix : et nos auciens
citoyensfureut ctablis les juges de nos causes
civiles. Nous 7i' ouhlirons jamais cct cxces de.
bonte ces traifs genenu.v d'un si doux vainqueur
seront conserves precieusernent dans nos fastes ;
et nous les transmettrons d'age e7i age a nos
derniers neveu.r. Tels sont, Sire, les doux
liens qui dans le principe nous ont si forte-
raent attaches a vorte majeste : liens iudis-
solubles, et qui se reserrerontde plus en plus.

Petition of the CatlwlicJ^' TnJwhitanfs of Can-
pda to the King, Decemher. 'iTTS.

244

in the anuals of our history ; and we shall
transmit them from gentration to generation to
our remotest posterity. These Sire, are the
pleasing ties by which, in the beginning of
our subjection to your Majesty's govtrnmenty
our hearts were so strongly bound to your
Majesty; lies which can never be dissolved,
but which time will only strengthen and
draw closer." Similar to these were the
sentiments uttered by the same people in Au-
gust, 1764, to General Murray, the Govern-
or in Chief: — " At last," say they, "■ouv most
sanguine wishes are gratified ; we have been
the faithful witnesses of the prerogatives
granted to your Excellency by the greatest
of Kings, in the commission of Governor in
Chief of the ^ast Proviace of Quebec. Per-
mit us to vent our joy, which is too great and
too perfect to be contained. We are already
certain, that we shall see peace, justice, and
equity reign in our province : every circum-
stance assures us of the freedom and security
of trade. He is no more one of those con-
querors of the province of Quebec, who
formerly managed the thunder-bolt of war
with so much skill in the conquest thereof :
as mild in peace as dangerous in battle, his
only occupation is to dispense happiness.
Such is the pleasing idea we entertain of the
happy government we are to enjoy under
your Excellency : an idea founded on the
unanimous testimony of all the inhabitants
of the ancient government of Quebec."*

*ViHe Quebec Gazette, 23d August, 1764.

:^4j

Such were the prrrise ./Grfay seuiimeuis
expressed by the French population of this
province for some time after the conquest.
That they felt at that time what they utter-
ed, we will do them the justice neither to
doubt or deny. If ever a people experienced
the advantages ofconquest, it was the Can-
adians. If ever the people felt the benefits
of the transition arising from a state of pe-
nury, thraldom and misgovernraent to a state
of freedom, industry, and wealth, it was the
people of this Province. Nothing, therefore,
could be more natural than their readiness
to give utterance, on all occasions, to the
sentiments which were uppermost in their
hearts ; and nothing more honourable and
becoming than the assiduity with which they
cultivated the esteem and protection both of
the new paternal state and the British popu-
lation who came to reside amongst them.
That they looked upon these as superior be-
ings, carrying along with them the blessings
and privileges of a free and generous mode
of government, unparalleled in the history
of the world, cannot for a moment be doubt-
ed. As we look forth at the termination of
winter for the harbingers of spring and ren-
ovated nature, they beheld them as the real
messengers of national peace and prosperi-
ity. They esteemed them as the patrons of
every thing great and happj^ ; at once the
active promoters of enterprise, and the fear-
less defenders of public right and justice.
They esteemed it a boon of no liiile import-
ance to be ranked as equal in privileges witii

240

sucli a people : to be counted bone of their
bone nncl flesh of their flesh ; to be joint-heirs
of tiie inheritance secured to them by the
British Constitution. Nor did they waive
their rights nor shun their station. They
embraced their new fellow-subjects as broth-
ers, and lived with them as such on the most
cordial terms of ease, peace, and good will.*
But favours may be too munificent and
protection misapplied. The seeming docili-
ty of the Canadians; the sentiments of joy
which they universally exhibited at passing
from adespotick and tyrannical government
to a free and constitutional one; the grat-
itude expressed on all occasions at this event ;

*In a petition proposed to be sent to the
King in 1773, by both his old and new sub-
jects in Canada, we find this passage :—
♦' Your petitioners, though they entertaia
different opinions upon matters of religion,
have nevertheless lived in a friendly inter-
course with each other ever since the con-
quest of the Country. They are all of them
untainted with Jacobite principles : they are
and ever will remain, good and faithful sub-
jects to your Majesty : they acknowledge no
title to the Crown, but that of the illustrious
house of Hanover : they desire to be united
and connected by the same ties, which will
preserve both them ind their posterity to the
latest generations, in a state of perfect obe-
dience to your most Excellent Majesty, and
your heirs aod successors to the British Gov-
ernment."

U-ieir apj)?ireat simplicity of mauijer* ; and
their willing suhmissioD to the new laws im-
posed upon them, iuduced the supreme gov-
ernment to believe that no indulgence shewn
to their new subjects, however incompatible
with the just lights and interests oJ the Brit-
ish population settling in the province, and
destructive of the ultimate benefits arising
from Colonial possessions, could be attend-
ed by any of those evil consequences which
have often disturbed the peace, and not sel-
dom proved destructive, of the integrity of
extensive empires. The result was, that,
though the laws of England, both civil and
criminal, liad been introduced into the pro-
vince ; though the rule of government and
mode of exercising it, had been proclaimed
})y documents emanating immediately from
the Crown, still the ancient laws, language,
and prejudices of the Canadians were foster-
ed in a manner which shewed clearly, that if
Britain really understood the true interests
of her colonies, she for once either lacked
the wisdom of carryingijer views into effect,
or the courage of enforcing them. Howev-
er, it must be stated in her justification---if
indeed, any thing can justify such conduct
-"that, being then in free and full possession
of the whole continent of North America
from the Mississippi to the St. Lawrence,
throughout which immense region her own
language was spoken and her laws executed,
she probably imagined, that but little injury
could result from permitting the Canadians,
a small people of no ambition, commerce or

us

eoierprise, to eajoy imdlsturbed their owo
institutions aud usages. This notion, if real-
ty entertained, might have been supported
by the fact, that, having the whole Eiig'lisk
coh)nies before them, few emigrants from
the mother country would think of settling
in a newly-acquired province, possessing
but little sympathy of manners or habits with
them, and enjoying but few resources for a
stirring and commercial people. What Brit-
on would think of settling in Canada, whose
government and laws were not yet estab-
lished, whilst such a tract of country as the
New-England and other British Colonies, in
the full enjoyment of almost every moral and
political advantage, lay open to his ambi-
tion ? In fact, before the American rebel-
lion, few Englishmen settled in Canada.
Few men thought of expending capital in
a country whose laws were not only foreign
but fluctuating ; and fewer still deemed it
prudent to cultivate a soil shackled and
burdened by feudal tenures and taxes. The
consequence was, that the Canadians began
to look upon themselves as individualized, if
we may be permitted to coin a word. They
never entertained much mutual sensibility
■with the English Colonists, and the long
wars in which the two nations were perpet-
ually engaged, served not only to separate
them as aliens to each others' sentiments and
feelings, but to render them natural and ir-
reconcilable enemies. Thus left to them-
selves, the Canadians also began to feel their
own importance. They studied and became

249

acquaiuted wlih the rights of Britlsii (Vee-
meiK Flau Uj';)^ done so, uiibia-^Si-. by native
prejudice, this province would long before
now have been the happiest spot on the face
of the globe. Bur, unforruDately, the insij^-
nificant aotions attached to the Canadians
themselves as a people, and the lutio value
attached at the time to that parr of the coun-
try wliich they occupied, in consequence both
of being but little known, and considered of
s«iall commercial r pol tical importance in
comparison of the extensive sea coast alrendy
in our possession, his Majesty's new subjects
were left almost entirely to the freedom of
their own will : and permitted to speculate
on the future in any way most agreeable to
their interest or ambition. Though the}'
were well aware that the British government
were not only desirous of establishing on a
permanent basis the laws and government
of Canada, but had adopted active prelim-
inary measures for that purpose, yet they
readily perceived symptoms of delay and
hesitation on the part of the mother country,
Vv^hich led them to beiiovo tltai both in a mor-
al and political point of view, they were con-
sidered of much more importance than they
were in reality. They watched the signs of
the times ; and it must bo confessed that
these proved as favourable to the exclusive
system to which they already began to as-
pire as their utmost ambition could possibly
wish. In consequence of the attempts made
by the Imperial Parliament to raise a reve-
nup in the Old Colonks. the publick miiul

2jO

ibere becarao disturbed. Men begau to talk
high of their natural and political rights : awd
to refuse obedience to laws in which they
had no voice in framing. The result is well
known : it is one of the most momentous
eras in the history of mankind. Neither the
interests nor the passions of the Canadians
being immediately concerned in the awful
struggle which ensued, it was deemed far
from being impracticable to render them
willing and powerful instruments in the co-
crccive measures that had been finally adopt-
ed by the Mother Country against her native
but rebellious colonies. The ancient feuds*'
subsisting between the Canadians and those
colonies, and their mutual jealousy and ani-
mosity of one another, were thought grand
and infallible excitements in the Canadians
towards the due execution of the intended
blow. As a collateral incitement, it is a well
known fact — and a fact which very much
disgraces the history of the time— that the old
subjects of his majesty who had resorted to
the province with capital, and who had by
that means already given it a commercial as-
pect which it never enjoyed before, were con-
sidered as disaffected to the Mother Country,
and dangerously tainted with the spirit of
riot and sedition which raged with such fury
in the neighbouring Colonies. In truth they
were not only suspected, but watched ^ and
the ordinary language of a British freeman,
if coming from them, was construed into the
jargon of disaffection and rebellion. Such
.'ioniiments, proceeding frequently from thf^

25 1

highest authoiity in the province, gavt; an
air of truth and reality to the suspicions en
tertaiued which they could otherwise never
obtain ; and iho Canadians, already on the
alert for an opportunity to justify the confi-
dence which began to be placed in them, most
readily chimed in with these unworthy sur-
mises.* There certainly were not at this
time many men among the Canadians who
entertained such rooted prejudices to the laws
and government of England as to trouble
themselves much as to their introduction

*We have heard an anecdote of General
Murray, which if true, confirms all that we
have said in relation to the reflections cast
on the English settlers in the province. The
General, with the view, no doubt, of putting
a timely stop to the disaffection which he
supposed to exist at this period, sent an Ord-
erly to desire the immediate attendance at
ihe Castle of all the British merchants in
iiuebcc. Upon coming up and waiting some
time iu the ante-room, the General entered
in great wrath and told them, that he sent for
them merely to tell them from his own mouth,

that thoy were all a set of d d villians ;

and that, if they did not behave themselves
better, he would ship them off from the Col-
ony by tho first King's vessel that should be
ready to sail for England. Tho only way in
which such proceedings can be justified, is to
recollect, that General Murray had just suc-
ceeded to the authority anciently possessed
by tho FrnTK'h Gov€rnf.>-i\.

rinaiiy in whole or in part ; and the great
majority, understanding little and caring still
less about abstract rij^hts, were willing to
obey any law or governuunt that might be
conferred upon them. But there was at that
time, as there is now, a parti/ nmou^ the Can-
adians of almost unlimited influence— -of an
influence w liich had tady to command in or-
der to be obeyed, and to lead in order to be
followed. This party, with the acuteuess
peculiar to faction, clearly and distinctly per-
ceived their vantage ground ; and left no ef-
fort untried in order to possess themselves of
it. They assailed both G'overnors Murraif
and Carltion with assurances, that if the
Canadians were reinstated in their ancient
laws and customs, every exertion should be
made, if necessary, in cc^'cing the old Colo-
nies and in putting down their new preteu-
j^ious. These were favourable omens to the
military ambition of a General Co»nmandiog
in. Chief in Canada ; and we may be assured,
from the result, that he did not fail to turn
them to account in his correspondence with
the Ijnperial Government. VVe accordingly
fmd that tlje measures which had been adopt-
ed in England for the establishment of a
pcrmrmcnt government, on the haais of the
English laws, civil, mercantik, and criminal,
were from time to time suspended, accord-
ing to the extent and increase of the refrac-
toriness of the Colonies, until at last they
were abandoned and wholly superseded b}-
one of th*" most- unjusr and tyranical acts
that ever emanated from the British Parlia-

no.

25

ment. This was the irapolitick " Quehc
Act,'' 14lh Geo. III., Cap. 83 which, at
one "fell swoop," annihilated the Laws of
Eagland, though in full force and operation
in the province during the preceding ten
years ; and restored the Canadians, in inte-
grum, to their ancient laws, customs and.
prejudices: a state of things as destruc-
tive of Colonial prosperity, as injurious to
the interests of the Mother C ountry itself.
This w;is all that the Canadians wanted or
wished for. They now beheld themselves a
distinct people, having no community of in-
terests or feelings with any other part of the
continent. Whilst the old Colonies were in
a state of insurrection against the authority
of the Mother Country, and inarms in de-
fence of their supposed rights, they, however
averse to British rule and dominion, found
themselves encouraged and protected in eve-
ry thing that could render them a people alien
to true J5rilish principles and sentiment. A
passion for exclusive domination took pos-
session of their souls, and every nerve was
strained to perpetuate a system, which, in
their opinion, surpassed all others in wis-
dom, energy and stability. They now con-
gratulated themselves upon being a French
Nation on British soil ; and eagerly looked
forward to the period when no bounds should
exist to their independence as a distinct and
separate people. But the views of those
who were instrumental in securing these sup-
posed advantages to the Canadians, were
15

2j4i

grievously tllsap|>ointed, ond their hopes
most unmercifully overcast. The liritisli
Governmeiu, fourul that they had been the
dupos of dec(Mt, ay well as the silly panders
of ovorweeniiif;; ainl)ilion. The CanmHans
tvoidd not fight! They said they had no ob-
jections to defend their own fire-sides; bnt
uo inducement could prevail upon them to
join the country that had just exhibited sucli
marks of indulf^once lo tliem, in quelling the
imnatural rebellion raging in tho other prov-
inces of the continent, and Britain was obliged
to fight her battles tho best way sho could»
without any aid from tho Canadians cvai
when Canada Usdfiras invaded ! it was now
that (lie genuiTio principles and loyalty of tho
despised l^joglish Merchants wore properly
understood. They forsook not their coun-
try in the day of peril : but manfully and
successfully resisted tho tide of rebellion
when tho Canadians cowered at its approach,
and seemed not unwilling to submit to its
laws, notwithstanding the indulgence mani-
feste<l to them. Nothing could bo more
suitable to tlio boon than such craven and un-
grateful conduct ; and though Britain bled
at every pore, she saw with shame and con-
fusion, that she had been the dupe of an a-
tloptcd child of foreign l>irtli and extraction,
upon whom she had lavished every favour,
while her own legitimate offspring were
(Stripped of iheir natural rights and cruelly
jd)nndoned to their fate. JMiis w as a lesson
in expfvlmenl a I government which ought nev-
er t0 have been overlooked or forgotten by

25ii

iho parent state. HovvoVer, a period of iii-
tostmo commotion lunl tlic limry and tiirtudt
of war, "is not tlio linio for rovisinj:, tlio orrorjj
of^ovormnOMt or of oslahlisliing laws on a
solid and hisfinji; basis. It Avas not till after
tlio p«5;i<(i of I7H.'{, tliorcforo, that any attcn-
ti<ni l)a<l boon p;iid to r.lio Htato of Canada ;
and it is nnn-u than probfiblo that a lon;!;er po
I'iod vvonbl liavo elapscid boforo the oxorciso
oftbi:4 nocoHHary act of govornmont, had not
the old Colonists, who presorvod ihoir allo-
gianco and crowdod into ('anada for protec-
tion, boc(unc clairn)ronH for the ro-OfUnblisli-
nicut of ihoso bivvs aiul government of whicfi
llieyfonnd (Jatuida had boon l»crcavod l>y tho
act of 1775. In tlie potitions addressed to
tho Kin{^ and Parliatnent in 1781 for tho re-
peal (►f tho obnoxious (^urhre A>'t anti i.he es-
tablishment of a fret) r(!pros(5ntativ'i govorn-
nient, m;iny of tho ('aiiiulians joined •, but
with wlint views wo know not, cinisidorin';-
the satiafuclion which they had always ex-
pressed al tho privileges conferred nj)on tbeni
by tbfit nnfortmiaro law. If thoy foresaw
that th(;ir distinction as a poo|)lo wouM be>
still more c<mlnic<l, and (ho ))ovvcrs of their
concentrated force Ixiticr ni;iintaitied by a
free gov(!rumeni, vv(^ will <lo tlujni the justico
tos«y, tinit tlioy exbibir,e<l political tidenls to
which their English Ic'llow-subjects were to-
tally strangers. JJe this as ii may, it is a
well known fact, thai the gr«5at majority of
the (/anadiaiis never anticipated any very
oxiensivo inlluence, even in tho contempla-
tion of a popular Assembly. They felt, per-

0 0

liaps, theii- gross ignorance of free legislative
discussion ; and were ready to resign any
talents that they might have for business to
those who, by their knowledge of the British
Constitution, knew best how to direct and
apply it to the best interests of the colony.*

The British population of Canada, well
aware of their natural rights, and the extent
and importance of the security afforded to
these rights by the King's Proclamation of
1763, never ceased to urge their claim to a
free representative government, notwith-
standing the cruel disappointment they ex-
perienced in the " Quebec Act." Evei*
since that act passed, a committee existed in
the province, whose business it was to solicit

*" You will percfeive, Sir, upon the peru-
sal of this petition that in it the Canadians
make you join with them in requesting his
Majesty, that they, as being the greater num-
ber of his Majesty's subjects in this province,
and possessed of the greatest share of prop-
erty in it, may be represented in the Assem-
bly by a greater number of members than
his Majesty's British subjects in the prov-
ince. But this request ought not to alarm
the British subjects. For, if you will con-
sider the matter with temper, you will soon
agre'e with me, that this privilege of the Can-
adians, of having the greater number of
members in the assembly, will, in its conse-
quences, prove to be a thing of form only,
that cannot be attended with any substantial
effects. Fori will suppose by way of exam-

257

by every legal means its repeal ; and it is to
the industry and perseverance of this com-
mittee thac the Province owes its present
mode of government. But neither did this
committee nor the petitioners of 1784, ever
contemplate such a Constitution as that of
1791, which, while extending to Gamadaa
free representative system of government,
divided the country into two distinct Prov-

ple, that two-third parts of the members that
compose the assembly were to be Canadians,
and the other third part Englishmen, it is
ne ?t to certain that the English third of such
an assembly, being so greatly superior as
they are to the Canadians in abilities and
knowledge, and capacity for public business,
would in such case easily obtain the suffrages
of the ot'!ier two third parts of it to whatever
measures they should propose. You will
say, perhaps, that this is paying no great
compliment to my countrymen, the Canadi-
ans. I confess it. But unfortunately I am
but too well acquainted with their great want
of knowledge and capacity to presume to
speak of them in any other manner. This
request of theirs, therefore, in the petition I
have now sent you, ought not to deter the
English inhabitants of the province from
signing it. These are the sentiments of iny
Canadian friends concerning an assembly."

Letter of F. J. Cugnel, Esq. to Malcom Fra-
ser, Esq. 1st September, 1773.

1.5*

25$

iaces ; leaving the French popuiation in full
possession of their ancient laws, language,
habits, and manners, to the entire exclusion
not only of SriYisi^ rights, principles and feel-
ings, but of all those other means calculated
to promote a great and flourishing Colony :
a thmg now rendered doubly desirable on the
part of the Mother Country in consequence
of the great national and political loss which
she sustained in the independence of her na-
tive Colonies. The real causes of these vio-
lent and unnatural measures have never been
discovered ; but their evil effects, as had been
foreseen,* Have been deeply felt and frequent-
ly deplored. For ourselves nothing has ever

*'*The bill now^ under the deliberations of
tills honourable House proposes, in the second
and subsequent enacted clauses, to separate
or divide the Province into two governments,
or otherwise to erect two distinct Provinces
in that country, independent of each other.
I cannot conceive what reasons have indu-
ced the proposition of this violent measure,
I have not heard that it has been the object
of general wish of the loyalists who are set-
tled in the upper parts of this Province ; and
I can assure this honourable House,thatithas
not been desired by the inhabitants of the
lower parts of the country. I am confident
this honourable House will perceive the dan-
ger of adopting a plan which may have the
most fatal consequences, while the apparent
advantages which it offers to view are few,
and of no great moment.

259

puzzled us more than this solecism ia legisla-
tion and government. Pitt, the minister of

" Sir, the loyalists who have settled in the
upper parts of the Province have had reason
to complain of the present system of civil
government as well as the subscribers to the
petitions now on the table of this honourable
House. They have been fellow sufferers
with us, and have felt all that anxiety for the
preservation of their property, which the
operation of unknown laws must ever occa-
sion ; a situation of all others the most dis-
greeable and distrHssing,and which may have
engaged some of these people, who could not
perceive any other way to get out of such
misery, to countenance tbo plans ofafewt
individuals, ivho vveie more intent to support
their own scheme than to promote the true
interest of govei-nment, in the general tran-
quillity and prosperity of that extensive coun-
try.

***** 5:5

" Sir, in the petitions now on the table
from my constituents, inhabitants of the Pro-
vince of Quebec, this honourable House will
observe they have complained that the Prov-
ince has been already greatly mutilated ; and
that its resources would be greatly reduced by
the operation of the treaty of peace of 1783.
But, Sir, they could not have the most dis-
tant idea of this new division. They could
not conceive that while they complained of
the extent of their country being already so

260 '

the time, was a great man ; but this is one
of the prices which nations frequently pay

much reduced, as materially to prejudice
their interests and concerns, it would be still
farther reduced and abridged. If at the time
ihey penned their petitions they could have
supposed or foreseen this proposed division,
it would have furnished them with much
stronger reasons of complaint, that their in-
terests would thereby be injured. Sir, I am
sure this honourable House will agree, that a
Province ought not to be divided into sepa-
rate and independent governments, but on
the most urgent occasions, and after having
seriously and carefully weighed all the con-
sequences which such a separation is likely
to produce : For if from experience the di-
vision shall be found dangerous to the securi-
ty of government, or to the general interests
of the people, it cannot again be re-united.
The strong principle of nationality or nation-
al prejudice, which at present connects the
people of that province to one another, as
being members of one state, who though
scattered over an immense country, yet all
look up to one centre of government for pro-
tection and relief, is of the utmost conse-
quence to the security of government, in a
country where the inhabitants are so much
dispersed. It is that political connection
Avhich forms such a prominent feature in the
character of all nations : by which we feel at
first sight a degree of friendship and attach-
ment which inclines us to associate with, and

261

ior a long servitude of unparalleled genius
and talent. Lord Granville, who framed

to serve a subject of the s^rne kingdom,
which makes us look on a person from the
same country or province as an acquaintance,
and one from the same town as a relation ;
and it is a fact which the history of all coun-
tries has established beyond the possibility of
a doubt, that people are now united in the
habits of friendship and social intercourse,
and are more ready to afford mutual assis-
tance and support, from being connected by
a common centre of government, than by
any other tie. In small states this principle
is very strong : but even in extensive empires
it retains a great deal of its force ; for, be-
sides the natural prejudice which inclines us
to favour the people from our own country,
those who live at the extremities of an ex-
tensive kingdom, or province, are compelled
to keep up a connection or correspondence
with those who live near the centre or seat
of government, as they will necessarily at
times have occasion to apply for favours,
justice, or right ; and they will find it conve-
nient to request the Assistance and support of
those whose situation enables them to afford
it.

" I might here compare the different situ-
ation of Scotland, now united to England,
and governed by the same legislature, with
some other of the dependencies of the British
empire ; but I consider it to be unnecessary,
15*** -

262

our present constitution, is a living witness
both of its glaring errors and dismal conse-
quences. The only atonement which his
Lordship can now make to the country, is,
to declare the reasons and motives which ex-
isted at the time for concentrating and per-
petuating French jirejudices and exclusive
domination ; And we call upon his Lord-
ship TO do so. He owes it to his publick
character, and to the reputation which he is
desirous of leaving behind him.

The Constitutional Act had scarcely gone
into operation, when the evils which it has
entailed on the country, became manifest.
Even the first act of the popular branch of
the legislature, that of choice of Speaker,
was made subservient to the all-engrossing
spirit of that body. A Frenchman, who
scarcely understood a word of the language
of his sovereign, was called to the chair ;
and who, on his first official appearance in
the presence of the representative of that
sovereign declared, *' that he could only ex-
press himself in the primitive language of his
Qiative countryy^ The House of Assembly

as the object must'be present^to the recollec-
tion of every member of this honourable
House."

Mr. Lymhurnef s Speech at the Bar of the
House of Commons, 23d March, 1791.

*Vide that most valuable and learned
work, " Political Annals of Lower Canada,

U)S

consisted of thirty-five French Caoadiaiis,
and fifteen Englishmen. The former, in-
deed, composed the majority, but the latter
were the men of business ; and, during the
first and second sessions, the prognostica-
tions of Mr. Cugnet in his letter to Mr. Fra-
ser, with respect to the inferior capacity of
his countrymen, may be said to have been
realized. But where ignorance and preju-
dice reign not only uncontrolled, but are
fostered by the supreme authority of a state ,
and when the physical power is altogether
on the side of such degrading characteris-
ticks, what authority can check— what force
resist their evil effects and consequences ?
It is not surprising therefore to find, that, in
the course of a few sessions, the aptness for
business, and superior constitutional knowl-
edge of the English members of the Assem-
bly,gradually gave way before an overwhelm-
ing majority of voices, backed and led by the
worst principles that can possibly actuate the
human heart— self-sufficiency, ambition, and
national prejudice. These passions, spring-
ing up, living, and flourishing among the
constituents of this majority, nothing could
DOW eradicate or control ; and every suc-
ceeding event ministered to their increase
and aggrandizement. Nothing contributed

by a British Settler :'''' a work that ought to
be in tho hands of every man who has any
regard for the prosperity of this part of his
Majesty's dominions.

2Q4

?^iore to this state of things thao the exercise
of his Majesty's prerogative, however neces-
sary and constitutional, in calling up from
time to time the English members of the As-
sembly to seats in the Legislative Council.
Of the twenty five members at present com-
posing this second and important branch of
the legislature, at least twelve have been with-
drawn from the Assembly in this way. Their
superior information, experience, and ca-
pacity for business, have indeed, rendered
their presence in the Council absolutely ne-
cessary, because, without prejudice to the
claims of the native Canadian gentry, there
was no other source in the province from
which stations so high and important could
be supplied. But the injury sustained by the
real interests ^nd hapf^hiess of the province,
has, beyond cM compansoa, Iroen great -tad
serious. The Assembly, ihus left to them-
selves, and to the dictates of an exclusive sys-
tem of nscendency over British laws and con-
stitutional principles, set no bounds to their
errors, ignorance, Avickedness^ aofibitiou and
presumption. What power and authority
have they not from to time arrogated to
themselves ? Not content with a voice ia
ihe general legislature of the province, they
claim the right of ruling and directing every
other branch, to neither of whom will they
allow the common dictates of honour and hu-
manity ; and endeavour by every possible
means, to infuse their own popular and re-
publican notions into every department of
government. They have declared acts of

2G5

the imperial parliament, under which ihey
themselves *' live, and move, and have their
being," as annulled and of non-effect. They
have denied the prerogative of the Crown in
almost every instance recognized by the con-
stitution ; and have assumed to themselves
the right of appointing and paying, accord-
ing to caprice and pleasure, every officer
under the Crown. They have in effect de-
clared war against the sister province ; and
not only denied her rights, but deprived her
of them, until checked by the intervention of
the mother country. They have declared
native born subjects of Great Britain *^ Stran-
gers and Foreigners /"*

Need wo say raor« to characterize in their
true light the spirit and priociples of this
abominable party— of this accursed and
monstrous faction, whose deeds have ever
been the disgrace of this otherwise happy
province, and whose late attetopts to rule
and ruin the country r.iake them absolutely
to stink in our nostrils ! May heaven, in its
mercy, preserve this province from the tyran-
ny of this lawless faction ! They have of
late, too, experienced more support and
countenance from the other branches of the.,
legislature than ive ever expected to have
witnessed, notwithstanding the dismal view
in which wc have been accustomed to be-

*Fi(Ze Debates of last Session generally ;
but especially the raaiicious and mouthing
declamations of Messieurs Papiueau, Val-
lieres and Vigor.

'z66

lioid the affairs of the country ; and unless
the king's government noto enforce the exist-
ing constitutional laws, with the full intent and
purpose not only of stopping the career of
this atrocious faction, and of rescuing his
Blajesty's British-born subjects from their
despotick sway, but of establishing a more
direct and pressing British infiuence over the
hearts and actions of the majority of the peo-
ple of this province, we shall be utterly un-
done. It were far better, in obedience to the
advice of Admiral Coffin, to tie a millstone
round our necks and throw us into the bot-
tom of the Ocean ! It were far better to sell'
us to the Yankees, who would treat us more
like men and Englishmen, than those wretch-
ed and degenerate sons of France to whom
we are no.v enslaved. At all events, it were
far better in the imperial government and
parliament at once plainly and candidly to
inform us what are their real intentions with
respect to this province, if they have any in-
tentions, than longer to permit us to worry
and cut each others' throats, with as little
hopes of a permanent settlement of our dis-
putes as the Guelphs and Gibbilines had at
the commencement of their wars. This is a
piece of information with which, we humbly
maintain, the mother. country is bound to
furnish us, and that without delay. Allegi-
ance and protection are the bond w^hich con-
nect us together ; but the national obliga-
tion which does not specify internal as well
as external protection, may not indeed be
void and null, but it is surely deficient and

267

nugatory. We therefore claim the informa-
tion as a matter of right due to us by a kind,
indulgent, r ad munificent parent : a parent
of whom we are justly proud, and a parent
whom we know will not abandon us in the
day of trial. Let her conduct be parental,
and she may rest assured, that ourg^ will be
filial. When the people of England are ad-
vise(' to come to Canada, they are not told
that !jn their arrival, they are to be subject-
ed to French laws, and enslaved by a French
faction who loath<i the very sight of a Brit-
on. It i tberef /le hat common justice to
the sons of England on both sides of the At-
lantick, to tell them, what is to become of
Cai^ida?— Whether this system of tyranny
is to be continued, and eugrafted on the rights
of British freemen, or wiiether it is to be
checked and abolished in such a manner as
to secure the liberty and independence, as
well as the spirit and enterprize, of those
alone who are capable of reiidering it a col-
ony of worth and consequence— of value and
importance to the mother country ?

That there is any power, party, or influ-
ence in this province possessing sufficient
strength to resist and finally annihilate the
torrent of popular and republican usurpation
which threatens to overwhelm us, is a no-
tion fraught with absurdity and madness.'
In a House of Assembly consisting of fifty
members, there are only three who may be
depended upon as the stern, undeviating
supporters of British principles and consti-
tutional legislation ; and these three are Eng-
lishmen in birth or origin ! To such a pass

263

have the imperial statutes of 1775, and 1791
driven this province ! Had a more wise and
onhghtened Hue of conduct been persued,
we should long ere now have been a British
Colony in reality as well as in name. No
British emigrant of capital, prudence, or in-
dustry will ever settle in Lower Canada,
while the laws continue to be French^ and
the popular branch of the legislature republi-
can, in spite of the drivelling nonsense of the
emigration committee of the Assembly " to
the contrary notwithstanding." With the
exception therefore of i\\Q fifty thousand in-
habitants of British origin in the Tow^nships;
ii>ho are not represented at all, and the British
population settled i« the towns and cities of
the province, amounting to about eighty
iJiousand souls, the French population are in
entire and uncontrolled possession of wni-
versal suffrage. They send whom 7iot they^
but their leaders, please to the Assembly ;
and it is no wonder if those who elect them-
selves in defiance of their constituents, who
have no other choice except among the de-
spised and heretical English, should also en-
deavour to usurp, as they have frequently
done, the whole functions of government.
Nothing therefore, as we have said, can be
more absurd and insane than to suppose,
with those vulgar and parily-politiciaos, the
Humes and Labaucheres, that Canada can set
itself to rights, and work out its own salva-
tion. The contest going on here is not a
contest of men hni q( prindpleSi otherwise we
could soon and easilv settle the matter. Thi^

^2G9

being the ease, we have, drawn upon the
Mother (^Jq^untry for an ackoowleclgment
aad declaration of our rights, and patiently
await her award. We have done all that
we could constitutionally. We trust we shall
never be driven to the necessity of doing
more, in justification of our rights and privi-
leges as Britons.

We will now leave these matters, and,
without paying much attention to order or
method, glance at a few of the most impor-
tant questions which came before the Pro-
vincial Parliament during the late momen-
tous session.

The first question we shall allude to, is
that which was raised in the Assembly with
respect to the conduct of Mr. Griffin, as Re-
turning Officer of the V/est Ward oi Montreal
at the last general election. It is not, how-
ever, the intrinsick importance of this ques-
tion itself, nor its constitutional bearings that
induce us to notice it, but the glaring light in
which it exhibits the inconsistency, the par-
ty-spirit, the fury, and partiality of the " lead-
ers''^ of the House of Assembly,— for to de-
ny that the house is Led, and that in away
the most disgraceful and degrading to hu-
man beings having the smallest particle of
braiias in their sculls, would be as absurd as
to deny the light of heaven at noon-day.
Here is a petition from certain individuals
residing in Montreal— whether respectable
ov not, is nothing either to us or to the sub-
ject-—complaining of illegal and unwarrant-
able conduct on the j)art of the Returning

2ro^

Officer of the West Ward of Montreal, where-
of the uuparallolod Mr. Paplneau is one of
the representatives, whilst the jG/ecrio?i itself
is heUi forth as pure, inunaculate and incon-
trovertible ! This was a question which
corresponded exactly in character with the
general tenor of the jroceedings of the As-
sembly, and they acc<;rdingly embraced it as
such. The petition v as relVned to a Com-
mittee ; the Committee reported by Resolu-
tions to the House ; and the House concur-
red in the Resolutions.* These Resolu-
tions, which ought to be held in everlasting
reniembrauce, not only accuse Mr. Grillin oT
Not having taken the oath Required by law,
but declare him Unqualified as Returning of-
ficer of the west ward of Montreal. Yet
" the Returfimade by him of the two raem-

*Resolved — That Henry Griffin, Esq. Re-
turning Officer for the West Ward of the
Town and City of Montreal, has not taken
the oath required by the fornnda of the Law
of the 5th year of His 3Iajesty's Reign, Chap-
ter thirty-three.

*' Resolved — That, notwithstanding the
oath taken at the late Election by Henry
Griffin, Esq. the Returning Officer for the
Westward of the Town and city of Montre-
al, was not in the form prescribed by Law,
the return made by him of the two Members
elected to represent the said West Ward is
nevertheless good and valid, the Electors
having enjoyed full and entire libertyof suf-
frage."

271

bers elected to represent the said west ward
is Nevertheless declared "good and valid!'-
This will not be believed in England nor hi
any other Country of ilio least pretensions to
national honour, justice, or equity. But still
it is a fact, and a fact which makes us abso-
lutely to shudder at the prospect which it
opens to our eyes of the deplorable condition
of this province. Had Messieurs McGill
and Delisle been returned instead of Messrs.
Papineau and Nelson, we ask if such would
be the result of the deliberations of the As-
sembly on this petition against the Return-
ing Officer ? No, no. The House could not
stand without Mr. Papineau, and every prin-
ciple of law and justice must consequently be
sacrificed in order to secure a seat for him.
Under similav crcumst-inces the election of
any other individual uninitiated in the plans
and views of the Faction^ would have been
declared nuil and void, his seat vacated, and
the unfortunate Eeturning Officer voted in-
capable of serving in the like capacity for
ever. But in the present case, as stated by
Mr. Solicitor General, the object was to con-
demn the Returning Officer and to approve
of the representative. Surely no principle
of right and justice can be more plain and
clear, than that he who invests himself with
any official character without due authority
and legal qualification, renders every act
performed by virtue of such false authority,
ub initio, null and void. Nothing therefore
seems to us more strange and unseemly, thau
to sav, as was ^;aid and done ia this case, that
16

2/i

die conduct of the man was wrong aiid ita
consequences right ! We have no notion,
thank God, of such decisions. They are not
sufficiently even-handed for us. They carry
neither decency nor decorum in their aspect:
neither justice nor stability in their effects.
They arc vicious in practice and monstrous
in precedent. But as in every other case
"ivhere plausihility rather than strength of ar-
gument is necessary to ensure success, a rea-
son was assigned for these anomalous pro-
ceedings, and it was this :— that *^any Govern
or wishing to eject a particular member had
only to appoint an unqualified Returning Offi-
cerf and his purpose ivas effected.^^* We shall
say nothing of the indecent insolence of this
reasoning, which supposes the Governor of
this province to be at all times inimical to the
'views of the Assembly, and opposed to their
nghts. It shews the real sentiments of the
^\ Leaders,^' and is a convincing proof, that
they are altogether strangers to that princi-
.ple of the constitution which has only the
fuhlic g'oo J for its object ; mistaking, in their
gross ignorance, individual interests and
party-prejudices for the first and noblest of
virtues. As to the reasoning itself, it is be-
neath contempt. Is it not the object of the
law to secure the rights and privileges of all
parties, when it says, that no man can legally
act as Returning Officer but on the conditions
and untler the qualifications therein specifi-

* Vide Debate on this question. 30th Pe
oomber, 1838.

273

ed ? Are these conditions the mere dicta of
the Govei'Dor, and can the governor appoint
" an unqualified Returniug Officer ?" This
doctrine supposes the mere act of appoint-
ment a sufficient qualification. But it is not
so. After the appointment, the law steps
in, and says, " Sir, you cannot proceed to
the execution of your office unless you per-
form such and such conditions : you must
qualify yourself, for unless you do so, all the
acts performed under your commission be-
come null and void." No man can accept
or perform the duties of an office which he is
naturally aud legally incapable of perform"
ing. Has an alien any suffi-age under our
constitution? Can an elector vote with-
out the necessary qualification ? Can a judge
ascend the bench without the usual oaths of
office ? Nay, can Mr. Papineau become
speaker without the appropriation of hii
Majesty's representative ? If then, as stated
iu the Resolutions, Mr. Griffin was not duly
qualified for acting as Returning Officer of
the west ward of Montreal, by what authori-
ty have his deeds been rendered good and
legal ? Not, surely, by a vote of the House
of Assembly. It is the Assembly, therefore,
and not the governor, that act an illegatpart
iu the present instance; for how, or by what
right, a member can lawfully sit amongst
them who had been sent there illegally and
without due authority, is to us incomprehen-
sible. But the truth is, thai both the elec-
tion and the Returning Officer were perfect-
ly legal and constitutional ; and nothing d©-

274 .

grades the Assembly more in the eyes of the
country, than the false and insidious distinc-
tion which they have drawn in this case, and
the unmanly and malignant attack which
had thus been made on the character of a
highly honourable and respectable individu-
al, who, it is well known, discharged his duty
Jis Returning Officer in the most fair, candid,
liberal, and impartial manner. It is to his
political sentiments, and not to his miscon-
duct as Returning Officer, that Mr. Griffin
owes the cowardly treatment which his char-
acter and feelings experienced in the House
of Assembly. Had he been a partizan of
the " Leaders" he would have been treated
very differently ; and his conduct, instead of
being condemned and separated from its ef-
fects, would have been lauded to the skies.
But the mind of Mr. Griffin is too honoura-
ble, and his principles too truly loyal and
British to render him the tool of any party ;
far less of an atrocious and loathsome faction
that pollutes as well as destroys the best in-
terests of the country. Hois too much of a
man to be led, and too much of a gentleman
to be corrupted. We cannot drop this sub-
ject without noticing the indecent manner in
which Mr. Z^apmerm obtruded his sentiments
on the House during the discussion of this
<luestion. One would think that a sense of
delicacy would alone have prevented him
from speaking when his own name and con-
dition were the subject. But this man has
long been lost to all sense of shame in his pub-
lick conduct. Having fortified his mind in in-

275

science, he thinks that all things become him.
His over^vceniug opinion of his oratorical
powers, induces hiin to take the lead in every
question, and the gaping admiration of his
satellites, swells hira beyond endurance with
pride and arrogance. As speaker it is highly
unbecoming in hira to be a party-man; far less
the leader of a faction in the legislature. Who
can expect dignity in the proceedings, or im-
partiality in the decisions of the House whilst
such a man sits in the chair! What man,
opposed to him either in sentiments or poli-
ticks, would trust his life or reputation to his
casting vote. For our own part, we should
sooner submit to a tribunal of the most bar-
barous race of Esquimaux, with the most sa-
vage Cannibal at their head, than to Mr.
Papineau surrounded by his blind and sub-
servient gang. We would, once for all,
strongly urge upon him the propriety of squar-
ing his conduct and opinions as Speaker with
those of his prototype in the House of Com-
mons. He will there find dignity of Manners/'
propriety of conduct, impartiality of decision,
and avoidance of party-spirit so combined
as to produce the happiest effects on the
proceedings of the House, and benefits the
most lasting on the higher interests of the
empire. f

Of the same stamp and character with the

*This is a pun which we hope its truth
alone will warrant on such an occasion as this.
f We will here read a lesson to Mr. Papin-
eau, from that learned man and consistent
16*

275

foregoiDg decision of the Assembly, was the
vote for printiag four hundred copies of
" The Imperishable Monument.''* Some of
our readers will, no doubt,be curious to learn,
ivhajt this *' Imperishable MonumenV means?

Speaker, Sir Fletcher Norton, who so
long and so ably filled the chair of the House
of Commons. On the 13th of March 1780,
the whole House being in a Committee on
Mr. Burke's famous Economical bill, and a
great difference of opinion having arisen
with respect to the right of the Commons to
resume or control any pan of the civil list,
Mr. Fox called so loudly and repeatedly for'
the opinion of the Speaker, that his secretary
rushed through the side gallery, and called
him from his Chamber to the Committee.
It is not our intention in this place to give
any acconut of the sentiments expressed by
the Speaker, on the merits of the question be-
fore the house. We shall confine this note
to what he conceived to be his duty in regard
to speaking to questions in general ; and wc
hope Mr. Papineau, and all other Speakers
will confine themselves to the judicious and
excellent axioms there laid down. Sir Fletch-
er JVorton, said, " since he had the honour of
presiding in that chair, (pointing to it) he
had on every occasion avoided as much as
possible, giving any opinion respecting mat-
ters which came before the house. His duty
and inclination led him to adopt that mode
of conduct. His duty, lest from the respec-
table and honourable station he filled, his

Pear fi-ieuds ? the " Imperishable Monumenf
means the Report of a Select Committee of
the House of Commons appointed to inquire
into the state of the civil government of Cana-

mixing in debate, without arrogjJtiog any
thing to himself, might be supposed to create
an iMPRorER lisFiiUENCE, in some of his
hearers ; and his inclination forbad him,
because he knew from experience that what-
ever he might support as an individual mem-
ber, might be apt to bias his judgment in his
other character, :hat of SpenJcer, when he came
to preside in the House. It was true that the
mode and order of proceeding, did not pre-
clude him from Speaking in b. Committee.
The House was now in one, consequently
within the most rigid rules of order, he was
as much at liberty to deliver his sentiments
as any other member, and he was ready to
acknowledge that he had more than once,
soon after he was called to his present hon-
ourable station, exercised that right. .But
he could not say for what reason, but so it
happened, that he found whenever he had
exercised it, that his conduct was liable to
misinterpretation, and that wharevei* he of-
fered as arising from his own feelings and
judgment, was deemed rather as taking. a

step OUT OF THE PROPER DUTIES OF HIS OF-
FICE, which ivere said to be a strict observance,
of whatever might tend to impress on the House
the most strict impartiality and indifference. He
was not prepared to say, but this he was
ready to acknowledge, that he had experi-
16**

da ; fiud has been thus denominated by a
member of the House of Assembly, the fumes
of whose enthusiasm got the mastery over
hisjiulgment ou the occasion. It was well
obseived during the conversation which took
place on this subject, that nothing could be
more ridiculous tiian printing /oi^r hundred
copies of this Report, even if at ail necessary,
^vh'i\st ffty were quite sufficient to enlighten
all t!'e members of the House: thereby sub-
jecting the country to an expense of a thou-
sand pounds, which would have been much
better employed in relieving the poor during
a season of unusual hardship and severity.
But no mendicity is so clamorous and unsa-
tiable as ungratilied party-zsal. It was in
vain, therefore, that the individual who op-
posed the manufacture of the four hundred
copies of the " Monwme?z/" resisted ilie pre-
posterous claim. The members themselves
must be edified ; the Demagogues without

euced in himself a propensity to wish success
to that side of the question which he had
supported in the Committee, as soon as the
House was resumed. He felt his mind
warped, and a certain bias hanging on it
and bearing it down, consequently, though
he might not be converted to the opinions of
those who wished him to besileutupog. every
occasion, he ivas salisjied that the seldomer he
mixed in debate, the more likely he loould be to
avoid giving offence to either side of the house. ''^
Parliamentary Register, Vol. 17. fp. 319,32.0
and 321.

must be instructed and gratified with the pe-
rusalofa document which reflected so much
honour ofthe Triumvirate Delegates, and con-
fusion on the late administration. As to the
"people, God help them, there were not four
hundred of them, as stated by Mr. Ogden,
who could read ! This was a terrible cut ;
it was absolutely a gash ; and joined to that
of Mr. Huskissou, who discovered that out of
87,000 there were only 9,000 individuals who
could write their own names, was a tickler
which could only be overcome by shame,
confusion and blushing. Alas ! the School-
master and Primer of Mr. Brougham, have
not travelled thus far. The people are now
as ignorant and unlettered as they were in
the reign of Louis the XIV., who had always
a greater regard for soldiers than scholars ;
and a higher respect for steel and gun pow-
der than for the " Schoolmaster and Primer.'''
This, to be sure, was not denied in the As-
sembly : ignorance— gross and total igno-
rance was admitted to reign triumphantly
over the minds of the people. Even Mr.
Neilson, the great apostle of education, re-
form, radicalism and republicanism, admits
this fact; and he had good right to do so,
knowing whatithas cost him to educate his
sons in Scotland, the land of their fathers. Yet
the Assembly — magnanimous, generous souls,
are not to blame — not they, heaven-born
patriots ! With the dignity which becomes
their rank and station, they throw the blame
from themselves, and fix it on the shoulders
of the King — God bless him — because he ^Yill

"280

uot surrender at discretion the estates of the
Jesuits, whicli lie inherits by right of Con-
quest; and of the English clergy, because
they patronize the Bible and the English
langitai^'e ! ]5ut all this is desperate drivel-
ling. VVc shall not in this place speak of the
measures adopted during the session for the
purpose of establishing a better system of
education in the country. But what can
possibly be more absurd and ignorant, than
to suppose that the Legislature must do every
thing with respect to education — and that no
people can bo educated without the inter-
vention of the Legislature ? Monstrous ! The'
best educated people in the world — that is,
the brave and honest people of Scotland —
never trouble their heads about the Legisla-
ture. They are determined that their sous
and daughters shall be educated, and they
«re educated accordingly. To be sure they
have the parish schools; but what are these
in the wilds of the Highlands and in populous
towns and cities ? Absolutely nothing. Yet
the people are educated. " The Schoolmas-
ter and his Primer''^ are to be seen in every
family, glen, and hamlet. There, every child
sucks in education like his mother's milk ;
and no man bothers his head about what the
Legislature can do for him. If Scotland
were to remain stock-still until it had pleased
the Legislature to adopt a system of educa-
tion which would yield universal satisfaction
throughout the country, she w^ould at this day
be as ignorant as Canada, and her fame for
morality and virtue— the real fruits of edit-

281

t'atIon---wou!(.l hfvvc boon unknown and uu-
sud;.-- Let bci- cxj-.mple Ijo foJlowc! in Cau-
ada, arid v/e shall soon find, that ihe share
v,!iicb iho legislutare will have in arranging
or (xomoting our education must be truly in-
Bignificant. No man can make tin? untbirsty
ox drink ; no legi-^laturo can drag to school
urchins whose par-ruts are uijacquainlcd with
tiic value of the institution. JJut the time
%vill soon come wijen the people of tins prov-
ince will be governed by another and a bet-
ter spirit. The tirfiC i.i at hand when the
people will take the matter into their own
hands; and in spite, of the drivelling of the
AsoCi.'bly, oa this aci other topicks, secure
such an educa ion to their children as will
render them virtuous men, and good citi-
zens. This, and not the Report of the Can-
ada Committee, wi'i' then be the '■'- Imftrish-
uble Monumtni ;" and it is such a monument
as this that ought to excite the solicitude and
urge the zeal of the Assembly, and not the
trash in the report, which ministers so large-
ly to their prejudices and party spirit. But
let us say a few words of the " Monument.'^

No doubt but the architects of this wonder-
ful edifice entertain very sublime notions of
their own skill and dexterity, and irnagrne
that they have reared a superstructure as du-
rable as the British Constitution. They think,
thai, like the artificers of the plain of Shioar,
they have built a tower whose top will reach
unto heaven, and have made a name to them
selves, lest they be scattered abroad upon the
face of tho- whole earth. But we venture to

2S2

fell them that their object uot boiug the pub'
He woal nor national honour, but party spirit
and faction, their work will not stand; and
that, like their patriarchiai prototypes, they
will ultimately be scattered abroad on the
face of all the earth. Besides, they were di-
vided among themselves ; and a house divid-
ed against itself cannot stand. Let us speak
more plainly. The views of Mr. Huskisson,
in soliciting a Committee to inquire into the
present state of Canada, whatever maybe
said of the general political principles by
which he has been actu.')ted, were truly pa-
triotick, and in accordance with his duty and
responsibility as Colonial Minister. The
speech in which he introduced his motion is
a master-piece of talent, knowledge and dis-
cernment. In it he displays more reil and
intimate acquaintance Avith the conditioii of
this province in particular, and true Colonial
policy in general, than many who have stu-
died the subject for years. It does his head
and his heart infinite honour; and is a con-
vincing proof to us, that he is a man of grasp
and power, whatever the DuJceoflFtUingtosi
may think of him. That we ourselves have
always thought wiell of him, we cannot — we
dare not say. But, so far as respects his
conduct towards this country, we not only
respect and admire him, but will stand by him
and defend him to the last. He sees as well
as we do, that the present system of civil go-
vernment in this country is vicious and un-
suitable. He perceives Vv'ith the ey© of a
statesman that it was so from the beginning-

;o^

iie perceives that Prenc/i law, French usages,
and the French language are not the things
that will promote the prosperity, peace or wel-
fare of a jBa7i5^ Colony, having the British
Constitution for their rule of government. He
knows that nothing can be more incongruous
as well as dangerous, than to entail on this
province a mixture of French feudal, and
English jury, laws. He knows such a sys-
tem to be fraught with the germs of future
dissension and national disaster ; and has
therefore wisely solicited its destruction. He
knows the rights of the English population of
Canada: he knows that they have been un-
justly deprived of these rights, and he wished
to restore them. He knows that no British
Colony can jflourish where British language,
laws, and enterprize are not fostered ; and
that no people can be contented, loyal, hap-
py or industrious, who have no uniformity of
laws, language and manners. He knows
that though a people may have one Sove-
reign, they cannot be true or loyal but with
one interest — domestick peace and external
protection. He knows, that " there is no pos-
sibility of suing or being sued, except in the
French Courts, and according to the French
Form and Practice — no mode of transacting
Commercial business except under French cus-
toms, now obselete in France :" that " in Low-
er Canada they go upon the law and system
of Feudal tenure ; and the law is more inca-
pable ofever being improved or modified by
the progress of information and knowledge,
than if it still remained the svstem of France

284

van] the model of lier dcpciuleucies. Here, in
The midst of a wilderucss, flourishes liie French
feudal system, and the custom of Paris of
centuries ago. The result is, that Eng-tish-
men in Canada are much like Aliens and Set-
tlers in a Foreig?i laud as an equal numherof
British subjects who should have sat down in
the centre of France in the thirteenth centu-
ry. It is not therefore to be wondered at
that our Countrymen have had to encounter
considerable difficulty in Lower Canada, and
thatbut a slow progress has been made tow-
ards the settlement of that province."* Mr.
Hiiskisson knows all this, for these are his -
own words, and he justly and prudently-
sought to annihilate a system so injurious and
disreputable to the empire at large. He also
knows, " that the system wished to be estab-
lished by the Canadian Legislature is not com-
patible with the independence and dignity
either of the king's representative or the cri-
minal judges." He knows '' it is still tho
duty and interest of this Country to imbue
Canada with English Feelings, and Bcmjit

it ivith English Laws and Institutions.

(Cheers.") On these grounds he sought and
obtained a Committee, which was instructed
*' to reconcile the conflicting pretensions of
the diftereut parties, and thus rcvioi'e the great
obstacles to tho improvement of this import-
ant Colony."

There was not an individual in the Housq

*Vidc Mr. Huskisson's speech on the civil
government of Canada, 2d Mav, 1828.

285

of Coinmons who could either contradict a
word of what Mr. Hiiskisson started lo be the
situatioQ and uecessiiies of Canada, or throw
a spark of additional light on the subject in
hand. To be sure the hackneyed mouthers"
on the opposite siile of the Mouse attempted
something of the kind ; but their "long yarns,"
agitated the whole senate, most of whom
were soon out of sight and hearing of the ora-
tors,leaving tliem to'*discourse most eloquent-
ly" to empty benches. As to the ridiculous
rant of Sir James Macintosh, nothing can be
more preposterous. What can possibly bo
more absurd, than to maintain, as he did,
" that nothing,' else can save a country from ru-
in than alloiving the. majority to make laws .'"
Sir James once lectured in a very learned
and eloquent style on the law of nations: but
we do not remember that he ever advanced
such a doctrine as this before. Perhaps the
extensive, enlightened and independent Coun-
ty of Nairn, which he now or lately repre-
sented, may have thrown some light on this
subject. Sir James may not, indeed, be a
" Sportsman,^^^- and his sporting days may
be over; but if such be his notions of Govern-
ment, it is high time to leil him, that the
day of his political penetration and wisdom
are also over ; and it would be well for his
reputation if he were endowed with sufficient
judgment to perceive the tieparture of the one
as soon as the other. Who ever heard of
" The Ma j or ity'*^ of a people making laws Imt

* Vide his Hpeech.

\S6

iu tlie most rank and simple Democracies ?
Such a doctrine as this might sound very fine
ill a dissertation ou the governments of an-
cient Greece and Rome ; and may not have
been inaptly applied to tiie Black Mail laws
of the Clan-Chattan, the Ccltick ancestors of
Sir James! but when spoken of in England,
it only calls to mind the club-laws of stews
and gambling-houses. We are amazed that
Sir James wns not ashamed to speak of such
a thing in the British House of Commons.
We are absolutely astonished that he was
permitted with impunity to pollute a spot so
sacred to real liberty with his monstrous a-
bominations. If such be really his principles
and his notions of free independent govern-
ment, howcnn he with honour to himself or
benefit to his constituents, longer sit there as
a mere Delegate? Is he not aware that, by
doing so, he is standing between those con-
stituents and their just rights? If he think
as he speaks 'le ought immediately to accept
the Chnllern-Hundreds. If he does not, it
is very easy to form a true estimate of the
character of the man, who, to gratifiy some vain
and foolish ambition would advance a doc-
trine in Parliament which he neither believes
in his heart nor intends to practise in his life.
Nothing, therefore, can lower Sir James in
the eyes of the word more, than this attempt
10 institute democracies in these colonies, while
the mother country continues to be governed
by a limited monarchy; and nothing would
sooner alienate and destroy the colonies than
such a constitution as ihi?, The jjreat fenr-

'287

IS— and it is a^^^. ^^^ iU-tbuudcd— lliat the
political instituting j,^ ^j^. depencleucies, as
they stand, are of l^ popular and deinocrat-
ical a cast, consistent- yf'nh their own hap-
piness and the legitin.^g supremacy of tho
parent state. As to L^er (Canada, late
events demonstrate clearly that we are go-
vorned by a kind of Dcmocrai^al Oligarchy—
that the people enjoy universal ^jffrage — and
that our government unlike bof» its model
and what it ought to be, is not one of checks
and balances. This being the cast, it be-
trays great and gross ignorance in Sn* James
thus to rave like a maniack about the ma-
jority of the people making their own laws.
This would be pleasant news to the Man-
chester, Glasgow, and Paisley radicals. It
would be glorious intelligence to the Catho-
lic Association. O'Connell and Sir James
for ever! The Demagogues of all countries
have an extraordinary sympathy for one
another. How beautiful and consolatory the
uniformity of their creeds and doctrines !
But will Sir James be so good as tell us, in
which of the Democracies of Iliudoostan he
learned this new-light? Perhaps we are in-
debted to his emhrijo history for it. If so,
should this great work ever come out, which
seems rather doubtful, the Utopia, of Sir
Thomas More will sink into insignificance
compared with that of Sir James Macintosh.
We are told in this province by that great
man Mr. Papineau, that wc have been better
governed by Knights than by Earls. Should
the doctrine of Sir James prevail that hap

28S

py country, Utopia, >vill be e ''^^^^^ weli-gov-
ernecl. We trust the emiV^^'°° Committee
will not lose sight of a ny-^P^^^ ^^ singularly
advantageous to the su^^"^ population of the
empire. Sir James ^^^^""^ willingly draw
out a code of laws ""^ P^^" ^ system of gov-
ernment for the ^^^^ colony, on which he
TV'ill.not fail to'*^?'"^^^ ^'^^ French Feudal and
Seignieural '^^nure, and the right of the " ma-
jority'^ to ^^^^^ the laws. We happen to
know sop«ewhat of Sir James. We have of-
ten adiiired iiim as a statesman, a politician,
ajudge and a man of learning and literary
acquirements. Never therefore were we
more disappointed than to behold his con-
duct with respect to Canada. We always
looked upon him as a man of liberal senti-
ments and enlarged views. Never therefore
have Ave been more surprised than in discov-
ering in him the advocate of feudi.1 barbarism
and narrow prejudices. Is it possible that a
sy^mpathy for the septish domination of his
native mountains still lingers around him ?
We have no objections to the fire and martial
spirit of that renowned country ; but, in
heaven's name, let us never again hear of its
prejudices und feudal barbarities. Lower
Canada is the only spot in the British domin-
ions whose suu of prosperity is still darken
€d by the clouds of the feudal ages. It was
therefore truly unworthy of a man of the po-
litical rauk and legislative acquirements of
Sir James to become the blind advocate of
perpetuating a system of things so little con-
genial with the spirit of the times, and the

289

destinies of the British Empire. Sir Jame*
is a friend to Catholick Eraahcipation. So
are we. But we would ask him, whether it
is more honourable to unclasp the chains of
political than moral darkness and depravi-
ty ? We fear, nay, we are sure, that Sir
James has taken the right side of Ireland
and the wrong side of Canada. His conduct
in opposing the union displayed great igno-
rance of our real wants and necessities. This
ignorance is excusable, even in such a man
as Sir James. But his advocacy of French
laws, manners and habits in a British Colo-
ny, and his desire to entail upon this prov-
ince alf the miseries which it inherits as aa
oifspring of Feudal and Despotick France,
neither does honour to the man nor reflects
credit on the politician. His speech was a
compound of abstract and theoretical reason-
ing which was as applicable to Botany-Bay
as to Lower Canada. There was not a senti-
ment nor an opinion in it which he who
wishes to legislate for the prosperity of this
province would adopt. He praises the peo-
ple because they are ignorant, and abuses the
Governor because he obeys his instructions.
Let him reflect on such rhapsody, and say
whether it would reflect honour on any states-
man. It has, however, been his fate to place
this province in a light in which no other
man — even the insane demagogues of the
province— has dared do. He has called this
province the " i^oe" of England!* It is

*Vide his speech when alluding to his op-
iiositipn to the union in 183'3,

17

2yo

^ery certaia tliat in so far as regards our re-
ligioD, laws and language, we are opposed
to England, and our natural and national
antipathy becomes stronger in proportion to
the attempts of the mother Country to An-
glicise us. But as to being the ^'- Foe''' of
England, it will be time enough to speak of
that when we become independent of her,
and are able to compete with her in the field
or on the ocean— a period which need never
be expected until Great Britain becomes as
indolent and stupid as we now are. This
shews clearly that Sir James took no real
interest in the affairs of Canada, and that he
spoke at random merely to pleL'.e a pack of
ignorant and prejudiced blockheads, who
had themselves not only been the tools of a
faction, but had the art to impose upon him
in accordance with the narrow views and
dangerous plans of that unprincipled faction*
Had the case been otherwise he would fromi
day today have attended to his duties as a
member of the Committee^ and not remain at
home reckless at once of the fate and condi-
tion of this vast Colony. . But Sir James
thought that a speech was all that was asked
from him. So it was ; and we can tell him,
that the oftener he utters such speeches, the
more he will compromise his own character
and risk the safety of this province.

As to the Report of the Committee, the
best way to characterize it, is to state the
circumstances which have come to our
knowledge with respect to the mode in which

291

it was gol up. As soon as tliG evidence had
been gone through, a very intelligent mem-
ber of the committee was appointed to draw-
up the Report, lie did so, and that in ft
manner that reflects much honour upon his
information and talents. But this Report is
not the ^^ Monument.^' It now beealne evi-
dent that there was a pmiy in the Commit-
tee. This party, after several numbers of
the committee had left town for their countrj^
seats, under the impression that there could
be no doubt as to the adoption of the draught
submitted to them, drew up a 7ieiv Report,
adopting and concenling as much of the first
as corresponded with their own views, and
adding the famous supplement which at once
closes and disgraces this extraor^linary doc-
ument. Yet ?/m's Report, to the eternal dis-
grace of th^ pcifty, was only carried by a ma-
jority of owe vote ! Posterity will scarcely be-
lieve it ; but it is a fact, that this majority,
instead of being guided by a sense of nation-
al honour, and the principles of sacred uni
versal justice, were solely influenced by mo-
tives of personal dislike and private resent-
ment. Is not the character of the nation
gone when we find the very Legislature-— the
very parliament actuated in their publick
conduct by such base and disgraceful pas-
sions ! We have only to look into the report
itself to be convinced of the corruption that
existed in the Committee. Who but a fac-
tion could interlard a state document like
this with personal vituperation against char-

292

acters hitherto held sacred until fairly charg-
ed and formally convicted. It was not pay-
ing a great compliment to the King to tell
him, that his Majesty's representative in
Canada was a delinquent when no charge
had been rgg-i*ZarZ^ brought against bim; far
less submitted to his Majesty. Was not this
trying and criminating individuals instead of
inquiring into errors and grievances ? Who
made the Committee a Criminal tribunal
when the House of Commons itself cannot
—dare not put one of his Majesty's subjects
on trial before it ? Thus far, at least, the
Committee over-stepped their legitimate au-=
thority^ and on these groands alone, we are
clearly of opinion, that the Report will never
be concurred in. A decision to the contrary
would eternally disgrace the British House of
Commons. Even as respects its main points,
though they contain many things that we
ourselves approve of, we do not think that it
will ever be received or concurred in by the
House. Notwithstanding the large volume
of evidence subjoined, it does not communi-
cate a particle of information on the funda-
mental evils of this province ; nor suggest, of
course, any reformation with respect to them.
It foolishly supposes the Canadians to be as
susceptible of knowledge and improvement
as Englishmen ; and takes it for granted,
that the removal of some Financial difficul-
ties and giving way to all the wishes and
prejudices of a rude and simple people, would
send us down to future ages the envy and
admiration of the world ! Provided the

29i.

Committee could drive all the Edglishmeu
already in the province out of it, and pre-
vent others from coming into it, it is very
probable that Lower Canada would seldom
be heard of as a part and parcel of the British
dominions. But while matters remain as
they are, it is the bounden duty of the parent
state not only to protect us, but to render ns
as happy as she herself is. But it is not at
the hands of the Canada Committee that we
are to expect such happiness. If their Re-
port be sanctioned and followed up, without
amendment or modification, we shall of all
people be the most miserable. In truth, we
have reason to know that it never will be
sanctioned in its present form. In all prob-«
ability the committee, instead of being thank-
ed for their industry and assiduity, will either
be dissolved or sent back to reconsider the
evidence, in order to draw a closer parallel
between it and the Report ; a glaring defi-
ciencj' which detracts very much from the
good sense and impartiality of the commit-
tee.* Yet, this is the *^ Imperishable Monu-
menf^ which the House of Assembly have
undertaken to print, publish, and circulate
throughout the country ? We shall only add,

*We decline alluding to the extraordinary
character of some of the evidence given be-
fore the committee. The manner in which
that part of it which has reference to the La-
chine Canal, has been refuted in this country,
is as honourable to one party as disgraceful
to the other.

1 ir**

29-1

ihut hotVuo tlie prill tor lins got ilie job out of
Ills li;uu)s, it i>4 inoro lluui prol)iil»lu tlinl llio
" ItnjK'iishlthh' ^'^Imuiinriit"' sliiill liuvo hvvn
<lusbo(l to pieces, and a stnicturo more use
Ttil niKJ (ttirnlilo oi"iM>t<Ml in its plaoo.

IMr. f'iy\rr\t Jiidicatinr fiill >vas npiaiii lost
Wv h(\'irti'y vojoioo at: this, not o:ily because
its whtdi' luacbinciy ^vas <Munbrous, uiisuita-
blo to ibo fircsonl corwlitlon of tho country,
and iutpossibln to bo put in nn)tion, but bo*
cause tbo ini'anticido was coniutittovl oa tho
door ol'tbc llotiso of A 5snmbly in Inll autl do-
liborafo conclavo ! 'JMiis uondcrlul and ill-
Trited Hill nas ib'rlarod by its pnront to havl)
l»pon tho la!)0tu' oi' ttrcnti/-jivv i^cttr.^ : and, in-
deed, if wo miiyjudj^e iVoni Its diuunisions
and tbo ntunboroC its proposo«l onactineuts,
ibo production is not unworthy ol'iht^ time and
labour bestowcil upon it. It iM)ntains .svn «-
hi-thrtr cbiusos, snul occupies /"')/7.y-/j/;j«' (olio
))a,";os in print ! Tho cx|)loits of the boh ot"
.Uipitor ami Alcmona were nothing- to ibis.
The squoe/.iuj;- to doatb of the serpents; tho
dostrnctitni ol" the lion of Citbacron : tho
destruction oftbc liiMnacan hytira: the kill-
in|j;orthe monster (Jeryon, the carryinj; ol"
Cerberus iVom boll ; Uillinjj; tbo C^mlanr ;
tbo clonninjj; of tbo stables of Anj;eas; —
in short, the twelve labours of Ilercides
siidc into insij^niiiranrc compared with this
;';ip;antic nndertakin!;- of l\rrnti/-Jivr i/cars !
INo wonder, then, tbouj;b \\v has ever since
playetl tbo «lotaril. and watidercd throu;;h the
country, like a tlrivellin^ maniac, bewailin;;
tho utuimely loss of the hopeful heir of his

.iriiue urnJ (.Mnily. I low liio i^ooi!, worthy
poopio of (.lui:\n;(',, \)'a'ivf\ lh<5 lioury- h<!;i(Jo(l
Hirti UM lie walled Jilonj/ J.licii mrccM, in ruc-
Tul ;iii(l<l<)wtn;a«t 5iHi>«;cl, ; IxmIcwIh;; llmpavc-
incdl willi I ■ tcuis, ari<l n»nHiri{r, rlio vcaj
r|iil'lr(;ri irorn ihiuv • liirriltcrs l»y iti' ' ohUirifr,
and (•onvulKivc roHpiifUiotiM ! I»nt wlioro wnw
iSiV J(mii:n McInfoH/i at ihis (;iil.Ic:xl u.i.<nim\,1
Have iho mchiriclioly ricwn vet roaclurj hifn?
VVIkto were lh<; [ivXiUdhh of i:r\<-\'.iui:<:H, wilfi
llieir Iwri;; li;,t. of urcMH-.iUoti'i ;\\:u\f\h[. tlu; I^c-
{.jiiilutiv*} Coiifnil ior nnf. hjiptiy-iti^, and ron-
»ecrat,inj( lliin loyal a<'u>u. Wiiore wore
NcIhou and (JuviUkr ! W horc wero the (Jari-
Mihi. Cornrnitfce -vvUh their l{,«port and il»
hundred lies/? Alaw \ all — all gone. All
had forH-il'cn »he unhappy and hereji ved fath-
er— tho latherof iImh only child — to his r.'ile.
Why di<l he not, in thin the hour <'f I '-ala-
mily, <\<) ^' ivImI, (Uibt did find Addiuon nji-
yrovcd,'* and «o put an cud at once to tho
Jiill and his own ruiiitiries. IJut hyf)OcriHy
«nd eowarrlice are too near aUin to ncparalc
on Hucli l>;id terms.

11 very wise rn;jn In ready to n<i\in(i\\\o-(]y,n
tho eMiarnitieij nrjdei- whi<:h thin J'rovinee la-
hours, I'roin the want <d' an uniform, Htahle,
and ciroeiivo syMtom of judicature. Jufiliee,
if pure rind impartial ffo far as it K'"^'**) which
we are ready to admit, iw loo distinet, and
purehaned attoohijrji a (niee, Itoth as r<;;^ar(ii
re?d eompensation and mor.'il conseqwenf;' ■<.
The evil haM heen lonj^ felt, and many eflwriH
have heen made, an well without us in ih«
Lcgifiluliire, to tUscover a prop(jr and oH'ec-

29U

lual remedy ; but hitlierto in valu. It ap
j)oars j)assing strange, that, iu an assembly,
composed nearly one linlf of Lawyers, no
measure <i.au bedlvised of suflicieutforce and
Avisdom to establish the ndministralion of
justice on that simple and secure basis wbicii
is necessary to maintain the peace and hap-
piness, as well as the rights and liberties of
every civilized people. We fear it is as bad
to be governed by lawyers as by judges ; and
that the former are as uselcas hi the Assem-
bly as the latter are reported by the Canada
Committee to be in the Council. But more
of this in the sequel. In the meantime, it
may be proper to state the proceedings which
have taken place iu the Legislature, during
the last twelve years, on this important sub-
ject.

The first bill, having a bolter system ofju-
dicDture for its object, orijt'inated in the Le-
^^ilative Council: and, in 1819, -was sent
<lo,wn to the Assembly, where it met with
little or no attention, and was laid on the shelf.
Mr. Tlger''s time was not yet come. His bill,
tliough conceived aad in embryo, badj not
yet been fully formed. In] 821 another bill
was sent doAvn ; but after a deliberation of
Jive iveeJcs, it was dropped. The pregnancy
of Mr. J'iger had but little advanced. In
J 823 a third bill was sent down ; but though
a sj)ecial committee had reported uj»ou it with
amendments, the House never entered into
the consideration of it. But ftlr. A'^igerhad
now come to the birth : every preparation
was made for the in-lying, and the case -was

297

feubmitted to ilie mid wives of the Assembly,
In 1825, t[ie Assembly sont ujf to the Coun-
cil a Judicature Hill, which the Council ira-
medialely proceeded to consider and amend ;
but before their measures, in regard to it,
were completed, the Lieutenant Governor
prorogued the session. In 1820, another bill
containing the same provisions, was sontwp
to the Legislative Council, whore it was dis-
cussed for three weeks, and so largely amend-
ed, that, on the day previous t'^ the proroga-
tion, it became necessary to print it for the
use of the members. In 1827, the same Bill
was again uo^t. uj> by the 'Assembly ; but only
a f«w days before the prorogation, which,
though read a second time in the Council,
was necessarily interrupted by the adjourn-
ment of the session.* Mr. Vigefs labour
now became no less tedious than painful, and
his friends began to entertain great fears for
liis safety. There was but one alternative,
and that was to consult that great Colonial
Accoucheur, the Imperial Parliament. It
was stated at the consultation, f that the Le-
gislative Council — a term asserted by the
Assembly to be synonymous with ^'■ExeciUive^^
— had repeatedly refused to proceed on the
Judicature liills sent up by that body, and
that the province had suH'ored great and va-
rious hardships from a want of sympathy oa
the part of the Legislative Council towards

*Vide ** Observations on Petition of Griev-
ance,^' p. 20.
+Vide the Quebec Petition of Grievance.

298

the precarious situation of Mr. Viger, and
the anxiety of his friends. Tiie great ,4c-
coucheur, without pronouncing any definite
opinion himself, referred the matter to a
Committee of young ^sculapians, who
declared that the Legislative Council were
much to blame for their cruel and inhuman
treatment of Mr. Viger, and recommended a
different constitution of that respectable body.
But the council have refused to acquiesce in
this opinion, and declare themselves perfect-
ly innocent of the crimes laid to their charge.*
In truth, we are ourselves of the same opinioa
—and the little sketch which we have given
of the history of this famous Judicature Bill
may convince any impartial person, that the
statements in the petitions of grievance re-
specting this matter, were as false as they
were groundless. Is not the failure of the
Bill in the Assembly itself a convincing proof
of this ? Who would trust in future to simi-
lar representations from the same source 1
Yes! Ths House of Assembly strangled the
Bill in its birth and saved the Legislative
Council the trouble of again legislating on a
measure so incongruous, and so full at once
of blunders and danger to the due adminis-
tration of justice. This event however, has
been the naeaas of dividing the Assembly into
two parties, now commonly known as the
Quebec and Montreal parties.
The Moatrealers have always supposed

*Vide Appendix A, of their iournals for
1820. ''

299

them selves far superior to the Quebeeers
both ill number and legal lore; but this is a
proposition which the Quebec folk deny ;
and it must be confessed, that they have
proved their superiority so far as to be able
to throw out Mr. Viger's Bill without being
capable to naaintaiu the Resohitio7is o^Mv.
Vallieres on thesanae subject. Whilst this
state of things continues, we despair of ever
seeing a sensible judicature laAV pass either
branch of the Legislature. We are not pre-
pared at present to enter into the merits of
the measures of either party ; but we cannot
refrain from saying, that, of the two, those of
Mr, Vallieres are by far and decidedly supe-
rior, though still at an immense distance from
the true line of judicial legislation. The ob-
servations of Mr. Solicitor General on this
question will reward any one who peruses
them.* They do as much honour to his can-
dour, as to his information, talents, and re-
search.

We are ourselves no lawyer ; but with a
little study and labour, we think we could
be able to devise a system of judicial ad-
ministration for this province which would
at least be equal to that of either Mr. Viger
or Mr. Vallieres. The policy of our ancient
constitution, says Blackstone, as regulated
and established by the great Alfred, was to
bring justice home to every man's door, by
constituting as many courts of judicature as
there were manors and townships in theking-

*Vide debate, 3d February, 1829,

>0Q

Jora ; wherein injuries were redressed iu aa
easy au expeditious nuniner, by the suflVage
of neighbours aud friends. These little
courts, however, corninMnicated with others
of alarger jurisdiclioH, aud those with others
of s*tili greater power ; ascending gradually
from the lowest to the supreme courts, whicli.
were respectively constituted to correct the
errors of the inferior ones, and to determine
such causes as by reason of iheir weight and
difficulty demanded a more solemn discus-
sion. The course of justice flowing in large
streams from the king, as tiie fountain, to his
superior courts of record ; and being then
subdivided into smaller channels, till the
whole and every part of the kingdom were
plentifully watered aud refreshed. This
seems to us to be the true basis of Courts of
judicature, and is such as ought, in our hum-
ble opinion, to be adopted not only in this
province, but in every other country of tho
least pretensions to civilization. The sys-
tem was evidently borrowed from Moses,
who, finding the sole administration of jus-
tice too heavy for him, " chose able men out
of all Israel, such as feared God, men of
truth, hating covetousness ; and made them
heads over the people, rulers of thousands,
rulers of hundreds, rulers of fifties, and rulers
of tens: and they judged the peonle at all
seasons ; the hard causes they brought unto
Moses; but every small maitcv they judged
themselves.'** It is on such a plan as this
that we wish to see the judicature of thi^

^Exod, Chap. XVIII. V. 91.

>0l

provluce rirmly autl permnnentlv scttleVl.
This is the true ilivisiou of jutlicial h\ho!u\
Let the proviucc, theielbre, he divkieil iuto
counties and townships. Let there he a
sedentary ]yu\^o in eiich of those counties and
townships, having jurisdiction in real and
personal cases to tlie amount of £30 sterling.
Let these counties and townships ho split
into three divisions, and attached, according
to their locality, to each of the general dis-
tricts of Q,uehec, MontreaU nnd Three-Rivers,
Let each of these general Districts have a
court of Kings Bench, consisting of a Chief
Justice and three puisne Judges ; having a
concurred original, as well as an appellate,
jurisdiction over all the counties and town-
ships attached to the District. So far as re-
gards the appeal front counties and town-
ships, let the decisions of these /)/&]{ /iVf courti
be final. I^^t there be a supreme court of
Appeals, consisting of the Governor and
Council; that council, (ov Judicial purposes,
to consist of His JMajesty's Representative,
the speaker of the Legislative council, it" ho
he not one of the Chief J ustices, but if so, the
senior member of the same council : the said
three Chief Justices, the Judge of the Vice
Court of Admiralty, and Ilis Mnjesty's Ad-
vocate General. As to criminal matters, let
all trials be had in the cotirt of Kings Bench
within whose General District the offence
may have been committed. Let all these
Judges 1.3 rendered independent : and not
only permanent salaries granted to them du-
ring good behaviour, but pcj^sions also, in the

302

event of their retiring in consequence of bad
health, old age, or a judicial servitude often
years. Let the Record language at least of
all these courts be English.* As to the laws
that ought to govern the decision of cases,
of course, we are not prepared to speak.

*" Identity of language is a fundamental
relation, on whose influence we cannot too
deeply meditate. This identity places be-
tween the men of these two countries (the
United States and England,) a common
character, which will always make them
attach themselves (se pendre) to, and recog-
nize each other. They will mutually think
themselves at home when they travel into
each other's country. They will have a re-
ciprocal pleasure in the interchange of their
thoughts, and in every discussion of their
interests. But an insurmountable barrier is
raised up between a people of a different lan-
guage, who cannot utter a word without recol-
lecting that they do not belong to the same
Country — between whom every transmission of
thought is irksome labour, not an enjoyment^
ivho never succeed perfectly to understand each
other'— and withivhom the residt of conversation,
after the fatigue of unavailing efforts, is to
find themselves mutually ridiculous. The very
part of America through which I have trav-
elled, I have not found a single Englishman
who did not feel himself to be an American ;
not a single Frenchman who did not find
himself to be a Stranger," TaUeyrand^s
Memoir of America^

303

But we venture to think, that the sooner the
French feudal laws and tenures are abolish-
ed, and the English laws and forras of pro-
cedure established in their place, the sooner
the province will become happy, prosperous
and wealthy. With regard to the foolish
dread that has been entertained in the As-
sembly respecting /oca^ judges, and their par-
tialities to those next them in society and
kindred, it is quite absurd. Has not a local
judge the same honour and character to main-
tain that a District judge has ? To supposa
the contrary, would be to suppose h\m a 'priori,
destitute of every principle of justice and in-
tegrity. Has not every individual a certain
rank and character to uphold ? In the name
of heaven, why should Zoca/ Judges be ex-
empted from so general and favourable an
idea of mankind ? Are local and parish per-
sons less virtuous and moral in their lives
than metropolitans ? It is positively a libel
upon human nature to say, that an individ-
ual can be more upright and virtuous in one
place than another ; and that judges in the
country are less impartial and honest than
city judges. For our own part, we honest-
ly declare, that, had we a case pending, we
would' much sooner su^jirriit our fate to a
country, than to a town judge. It is very
true we might be favoured w ith finer speech-
es, closer logick, and more eloquent lan-
guage from the cityjudge; but we very much'
question whether vv^e should not receive strict-
er and more sterling justice from the coun»
try justice. Nothing can be more ch}Wi«;b

vl04

than the reasoning of the Assembly on thl^
pul)ject. Tliey have mistaken their own sus-
picions and prejudices for realilies ; and
have put down, as an olfeoce to be guarded
and watched, the mere surmises of their own
imaginations. We trust we have assisted
in exploding such futile doctrines, and that,
when the Assembly meet again, their minds
will be better prepared for the discussion and
final adjustment of a subject which, above
all others, claims their serious and undivided
attention. This, ought not to be made a
party question, because it is of paramount
ar>d perpetual importance. Neither Quebec
nor Montreal ought to claim any honour or
favour from its settlement. The whole
country ought to unite in its accomplish-
ment ; and he who divides either the coun-
try or the Assembly in an endeavour to es-
tablish a wise and permanent system of ju-
dicature, ought to be execrated and banished
for ever from decent society. Without apro-
pcr system of judicature, no country can be
free or happy : without meekness and mag-
nanimity, no legislature can be useful.

The Bill introduced by Mr. Lee for dis-
qualifying the judges from having seats and
votes in the Legislative Council, was a very
silly and foolish measure; and we are iiappy
that it miscarried. Itdisplayed neither gelie-
rosity of sentiment nor knowledge of the con-
stitution. This is an old and favourite object
in the Assembly ; and of course, was thought to
be irresistible on the present occasion in con-
sequence of the complaints of the petitioners of

ihe Cross ou the one hand, aud the remera
brance of that foul monster, the^ Canada
Committee, on the other. But, thank God,
desperate as our condition is, we have not
yet fallen quite so low, as to be driven from
our post by every wind of doctrine ahat rises
from the Assembly and their minions through-
out the country. When the assewbly prevail
so far as to be able to say with impunity,
either who slialL cr who shall not, sit in the
legislative council ; or, in other words, dic-
tate the spirit and the principles which ought
to regulate that essential balance which the
constitution has opposed to their popular
passions and designs, there will be an end
of the matter. Nothing, indeed, is more
natural to licentiousness, faction and envy in
all countries, than to unite in an endeavour
to possess themselves of the whole power of
the state, and we have seen that, in obedi-
ence to this general law, nothing has ever
occupied the attention of the Assembly more
than the means of acquiring the whole pow-
er and authority of the province. The at-
tempt, therefore, of driving the Judges from
the Legislative Council, if successful, is con-
sidered as one great step towards an end so
desirable. We call upon the government
and the country at large to be unanimous in
their resistance to these unwarrantable and
outrageous proceedings ! One concession
leads to another ; and we may be assured,
that if the Assembly succeed in their present
attempts to destroy the constitutional organ-
izatioa of the Le.'^islative Goimcib their next

endeavour will be either to declare that body
altogether useless, or fill it with their own
creatures. Such a conjecture is not so dis-
tant or remote as some persons would in-
duce us to believe. They who have nar-
rowly watched the operations of our Consti-
tution, and the process of encronckmenis find
violations on its principles which have been
going on for years, clearly perceive, that if
such a system be longer persevered in, it must
be yielded up, like a battered and ruined cit-
adel, into the hands of its worst and basest
enemies. In the Colonies, in particular, it
behooves his Majesty's government to guard
against innovation from the side of the popu-
lar branches of the legislatures. While the
Assemblies possess much of the power and
constitution of the House of Commons, the
provinces are destitute of that rank and for-
tune which are necessary to secure that sta-
ble, uniform counterpoise in the Legislative
Councils, which characterizes the House of
Lords. The model is a good one ; but it
can never have fair-play in a country where
the materials for forming a counterpart, do
not, and cannot exist. Besides, neither the
king nor government holds any patronage in
the provinces, which can create attachment
and influence sufficient to counteract that
restless arroj^ating spirit, which in popular
assemblies, when left to itself, will never
brook an authority that checks and interferes
with its own. We do not here advocate aoy
undue influence or clandestine rewards.
These are equally disgraceful at all time?.

S07

and in all places. We only loler to thai,
weight and influence on the public mind
which always characterize, and ought evev
to follow the acceptance of posts of honour,
and naerited prefernaent. It is on these grounds
alone that we warn this province of the dan-
ger that awaits it, if the House of Assembly
be permitted to pull down and level every
barrier which the constitution has established
not only in its own defence, but for the safe-
ty and security of the rights and liberties of
the people at largo.

But with respect particularly to the at-
tempts made by th.e House of Assembly of this
province to exclude the judges from the Le-
gislative Council, nothing can present their
true character in a better light. They do
not complainof the judges because they hav»
polluted the seat of justice, but, on the contra"
ry, because they possess, in the opinion of the
Assembly, the natural enemies of the other
branches of the Legislature, nn undue influenco
in the Legislative Council! We do ad-
mit, that, if a case were made out shewing
one solitary instance wherein the political
character of the judges interfered withtho
legitimate discharge of their judicial func-
tions. Wo should be among the first to second
the measures of the Assembly. But when
we find that the Assembly, even presumptuous
and insolent as they are in all their measures^
have not dared to bring a charge of this de-
scription against any of the judges, but, oa
the contrary, only hunt them as mere organs?
of imaginary political grievances, we standi
18

«n tbelr side; and have no hesitation to say*
that the mioister or the Governor who con-
sents to stigmatize a learned and honoura-
ble body of men, in subserviency lo the views
©f the Assembly, is an enemy of the consti-
tution and a base traitor to his country- Yet,
even if there had been good and formidable
grounds for excluding thejudges from the Le-
gislative Council, the mode in which the As-
sembly attempt to efiect their purpose, is
alike at variance with the principles of the
constitution, and destructive of the just pre-
rogatives of the crown. By the constitution-
al act his Majesty is authorized to call whom
he pleases to the Legislative Council, except
aliens and persons under twenty one years
of age; and those called, hold their seats dur-
ing LIFE, unless vacated and forfeited by ab-
sence from the province, treason, or allegi-
ance to any foreign prince or power. Now,
as it is not pretended that the judges have for-
feited their seats, by the commission of those
crimes, or by absence from the province, by
what power on earth can they be disqualifi-
ed, except by an act of the Imperial Parlia-
ment? It is in virtue of an act of the su-
preme Legislature of the empire that they
hold their seats, and we know of no other au-
thority by which they can be deprived of
them. Nay,even had his Majesty recomment?-
ed the measure in question, which we are
certain his Majesty will never do, we main-
tain that the PrormdaZ Legislature could not
constitutionally proceed to enact a law upon
the subject- Their doing so would be legist

•S09

lnliiiK in Jlio faco and in defiance of ilio ( 'ow-
stitulional At:l; ; and noilhcr ilio jirdpos lliorn-
Molvos nor tho country would l)o l>onnd 1)^
tlioir <lodHion. If tho ind;^0H in llio council
have coinniitloil any ciinio, lot tlioiri ho tiiod
and <'onvi<;l,od,and thon thoir Ko;itM wdl (fill as a.
thiiif!; of oouiKO, aj^rooahlo to tho <li<;tatos of
tho constitution. Hit/.v ruxMiHsaiy to roniovo
thcni, \vhi(.h wo Hatly <lony, lot tho king and
thoinii>oiial I'ariianiont, the ordy coinpotont
HutlKoity, ho soli<:itn<| to poilorin tho un-
p;iatorul task, lint n(;voi- lot it ho Kaid in %
JJritish j»rovinoo,th;it rtn outra{;()so j:;I;iriri;:^ liaw
hoon conirnill'.d on iho )Miii('i|doK oftho ron-
utilulion ; and that in<'onij>oton(;y jiihI iujiis-
tice walk hand in haud. At tho risk of in-
curring'; tho disploasuro of tho AHKOinhly Jind
thoir friends — which, hy iho way, wo kIiouIcI
ho sorry ever to do othorwiso than dcHcivr —
wo havo no hoHitation in .sayiiij;, that .V0///7; of
IIiojikI^os aro tim inoKt usolul and oiru-ioiit
inondiorsin tho liOgislativo (Jouncil,and that
nothing could ho nnn'o injnritniK to tho real
intorOHlH of tho province tlian ^////"r rorii<>vaJ,
(it a tinio whon tho coustitulion lies [*ros-
lrat«i at oin* feot, and ovory avoniid o|»nnr,d lo
t!ic insolont and doHtrnclivo prcilrosions of
iho I louBO of AsKorrddy. His IVJiijoHty'H jro-
Voinniont will thorcloro do woll not to [)art
with lhorr» <:Hpocially at tho proKont jnnctunj.
Thoy got notliiii;^ ("or thoir hrh(»ur ; and whilst
llnjy work tin? j:,(»od work ol'tho constilntiou
faithfully and honestly without injury to thoir
judicial character, wo thiid; ihat tho doht J!!
•a ik^ sido of tho king and cuuutry, and wot

.to

on theirs. Some of the most eminent and
experienced judges of England have always
been found to have seats in the House of
Lords, and those who have not are daily lia-
ble to be called upon for advice and instruc-
tion. Why should not the analogy be main-
tained in Canada as nearly as circumstances
can admit? Moreover, when we consider
that the Legislative Council of this province
consists of tiventy six members, and that of
this number only three are judges, exclusive
©f the Chief Justice, who, it seems, mai/ ?ioio
retain his place,— what evil consequences
could result to the country, even if these three
formed a faction as stupid, as vile, and as
democratical as the Triumvirate who com-
plained of them? The fact is, that the good
«ense of the country has been very much in-
sulted and outraged on this as well as on oth-
er subjects : and we are surprised that we
have hitherto submitted so quietly to be told
that all our judges are pure and immaculate,
except those alone who hold seats in the Le-
gislative Council. We think we have shewn
the cause of this in its true colours ; and we
venture to presume that the government will
fail in their duty, if they do not immediately-
put a stop to this base outcry against respec-
table individuals, who are an honour to the
country and the rank which they hold in its
civil and political institutions.

But who are they who raise this outcry?
Why, a pack of upstart, ignorant lawyers
and notairies, who compose mearly one half
©f the representatives of the people. While

oil

traducing the judges formeddliug iu politicks,
they altogether overlook the fact that they are
themselves committiDg the very same fault.
Is it not as dangerous to a lawyer, who anti-
cipates prc»motiou to the bench to be a poli-
tician, as a judge? We at least, think so ;
especially when we consider the pdliticJcs of
the lawyers in the House of Assembly, and
their misapplication ofthat time and industry
which would be much better employed in
studying their cases in order to do justice to
their clients. It is very clear to us, that prac-
tising lawyers cannot dabble in politicks
without injuring the political interests of the
country, and disqualifying themselves for be-
ing judges; and therefore we hope the gov-
ernment will ever do its utmost to keep such
lawyers in their proper sphere. We hope
that political lawyers will be studiously kept
from the Bench : we hope this, because we
wish to see the laws purely, unerringly and
impartially administered.*

We regret that the Bill, of which we pre-
sent a copy below, was not introduced into
the Legislative Council and passed, as it
forms on^e of the best commentaries on the
spirit and character of the lawyers in the
Assembly we have ever seen. We hope the
gentleman who got it printed will not fail to

*" The government of the United States,
since its institution, has scarcely evinced any
thing else but proofs of weakness ; and, in fu-
ture, greater vigour cannot be expected from
it, as long 33 it is conducted by Lawyers, a
18*

12

rake it up next sessiou.* We are serious Im
thisexpectatiou. Wo ilo not wisli the coa-
stitutiuu to be bufl'etecl, like a rock iu the
middle of the oceuu by every surge of de-
mocracy tliat those iut'atuated hivvyers cau
raise against it. We ^vish to see honour,
justice aud liberality of seDiiment pervade
the province ; but whilst lawyers coutiaue
to legislate for us, we despair of ever seeing
the country prosperous or happy.

species of men the least proper to govern oth-
ers, because they have nearly all a false
judgement and dull character; and becaus6
with their confined ideas aud mean passions
they think they can govern empires, in the
Eame manner as they would govern a club."
Beanjottr's Sketch of the Unittd States, pp.
t)4 and (J5.

*Bill for placing the. Legislative Council and
House of Assenihli/ of this Province upon an
equal footing'.

WHEREAS a bill having passed the As-
sembly for disqualifying the judges from sit-
ting in the Legislative Council and thereby
establishing the principle, that professional
knowledge of Law ought to work liCgislative
incompetency, it is fit and proper for the pre-
servation of the due balance of the Consti-
tution, and of equal rights, that the two
Houses of the Legislature should be placed
upon the like footing : IJe it therefore enact-
ed, &.C. aud it is hereby enacted by the au-
thority of the same, that from and after the
passing of this act, no person being au Advo-

:ji3

upon tlio whole, we are firmly of opinion,
that the Assembly would much better dis-
charge their duty to their constituents and
thcmBclves in an endeavour to secure the
real independence of the Judges, than thuf
to hunt them, nolens, volms, out af the Icg-

cato, Solicitor, Notary Public or other prac-
tiser of Law in any shape shall be elected or
sit in the House of Assembly of this Province
as a Member thereof, any Law, Statute,
Ordinance or Usage to the contrary ihereoi
in any ways notwithstanding.

And whereas Physicians and Surgeons
would be more usefully employed in attend-
ing to their Patients, than in composing Le-
gislative nostrums. Be it therefore further
enacted by the authority aforesaid, that no
person being a Physician or Surgeon, shall
after the passing of this Act be elected a
IVIcmber of the House of Assembly or sit there-
in.

And whereas great public injury has arisen
from the number of Memberi of Assembly
resident iu Quebec /^nd Montreal, and the
Counties tbci-'ios", representing otbcr 'Joun-
ties, whereby their local interests nnl feelings
are attended to instead of the puLHcgood, l>e
it further enacted by the authority aforesaid
that from and after the passing of ibis Act, no
person resident in Quebec or in Montreal or
in either of the Couuties thereof, shall be
elected or shall sit as a Member of the As-
sembly, for any County, Town, or Borough,
other thaa Ihc Cities or Towns of Quebec

314

illative council ; for even were the Judg:es
excluded from this Council, who can say
that their dignity and independence would
be greater, while their commissions are held
durante bene placito, or during pleasure, in-
stead o( quamdiu bene se gesserint, or during
good behaviour. The first maxim of a free
state, is the impartial administration of jus-
tice. But, constituted as human nature is,
how can justice be impartially administered,
unless the minister of justice be placed in
such a situation and circumstances as will
render him as indifferent to one party as the"
other ; as indiffersnt at once to the king as
to his subject, however mean or destitute ?*
In such a government as ours, the great and
leading object of the laws, is the security and

and Montreal or the Counties thereof, any
Law, Statute, Ordinance or usage to the con-
trary thereof in any waysnothwithstanding.

And any person being an Advocate, Soli-
citor, Attorney, Notary Public, or other Prac-
tiser of Law in any shape or any person re-
sident in Quebec or Montreal or either of the
Counties thereof who shall be elected a
Member of the Assembly and sit therein as
such, contrary to the provisions of this Act,
every such person for every such oflfence,
shall' forfeit and pay Five hundred pounds
sterling.

*Evea in the United States, "The judges
both of the supreme and inferior courts, shall
hold their situations during good behaviour,
and shall; at stated times, receive fortheiv

315

protection of the rights of individuals, and m
their impartial execution when these rights
are invaded. Suppose the Crown or its of-
ficers to be the invaders : suppose a subject
—suppose ourselves dragged from our home,
our family, and our business, and consigned
to a dungeon by a tyrant of the law in some
high authority, for no other cause than a free
and candid expression of our sentiments on
some point of government, what justice are
we to expect— in what light are we to look
upon our rights, while our Judges, those men
who ar€ to sit as arbiters between us and
those who may have robbed us of our liber-
ty or property, hold their, situations at the
pleasure of these robbers and invaders ? Sup-
pose our Judges to be men well known lo
the community for integrity and impartiali-
ty— men fearing God and hating a bribe-
may not the Crown dismiss them and ap-
point others in their place of less scruples,
honour and integrity ? Aye, and such dis-
missals and appointments have taken place,
even in that country which boasts of the
best laws and freest constitution in the world.
But, thank God, the times of such evil deeds
and evil men have long since gone by. The
patriarchs of the Revolution of 1688, clearly
saw the defect, and destroyed it forever. By
the I3th William 111. cap. 2. the Commis-
eionsof the Judges were made during good

services, a compensation, which shall not be
diminished duting their continuance in office "
[Ide constitution of the U. S. Art. 3. Sec. 1,

' 18***

316

behaviour ; thus depriving the Crown of tho
power of appointing subservient and time-
serving judges. This was one of the noblest
achievements of the Revolution. By the I.
Geo. cap. 23, the judges are not only contin-
ued in their ofliees during good behaviour,
but notwithstanding any demise of tho
Crown ; and their salaries absolutely secur-
ed to thera during the continuance of their
Commissions. The senliraents of the moa-
arch on this occasion, were worthy of the
sovereign of a free nation ; and ought to
be repeated as often as the conduct and iri-
dependeoco of the judges become subjects of
discussion :—" He looked upon the independ-
ence and uprightness of the judges, as essen-
tial to the impartial administration of justice ;
and as one of the best securities of the rights
and liberties of his subjects, and as most con-
ducive to the honour of the Crown."

It is much to the honour of the judges of
this province, that tliey have long felt the
evils and dangers of the tenure upon which
they hold their Commissions. Previous to
Lord Dalhousie's departure for England in
1824, a memorial was presented to him from
the Chief Justice and Judges of the province,
praying that their Commissions might bo
granted them during good behaviour, and a
provision made for their retirement after a
service of a certain number of years. His
Lordship, while at home submitted and'
strongly recommended this memorial to his "j
Majesty's government; and, upon his le^
turn to the province the ensuing year, he re-

317

celved a desjiatch from the Colonial miuis-
ter, stating, " that ho would rccominend to
his Majesty that tho appointment of the
Judges in this province should be placed on
the footing on which corresponding appoint-
ments are placed in England, provided that
the Legislature of this province should make
a provision for their retirement according to
tho scale which is adopted in England." On
the Ist of February, 182G, a Message to this
effect was sent by his Lordship to both hous-
es of the Legislature. It would appear,
however, that in the Session oflo25, wiica
the Governor in Chief was in England, tho
Assembly had passed a series of Resolutions
OQ this subject, on the basis of which, and not
on that of the Message, they novv, for the
first time, introduced a bill. The clauses of
this bill were as novel and uiaconstitutional
in themselves as they were at variance Avitli
the whole tenour and spirit of the Message.
The very first of these decl.uys " that from
and after the passing; of this act, it shall no
longer be lawful for any of the Judges of tho
several Courts of King's Bench in this prov-
ince, nor for any of the Judges of the l*ro-
vincial Courts therein, to have or to occupy
a seat in the Executive Council, nor in the
Legislative Council of this Province." Now,
is there any rational being in existence who
can discover any consanguinity between this
clause and any part of the Message ? What
had the seats of the Judges in the Legislative
and Executive Council to do with their ju-
dicial independence ? We have already

ii'8

bpoken at large on this head, and shall only
add in this place, that an attempt to deprive
his Majesty of the right of calling to his coun-
cils, whom he will, is a direct encroachment
upon the prerogatives of the Crown, and an
assumption of an executive power which
cannot for a moment be tolerated under such
a Constitution as ours. It would at once
overwhelm the just balance of a free repre-
sentative government, checked and control-
led by a limited monarchy. The second
clause of this famous bill declares, that the
Judges shall hold their ofSce " during their
good behaviour. ^^ But what have the Assem-
bly or the Legislature at large to do with the
mode in which the judges are to hold their
offices ? This is entirely a gift of the Crown
that cannot be interfered with by the Assem-
bly without assuming to themselves the rights
of the Crown. It was not for them to say
whether the Judges should or should npt
hold their situations during good behaviour.
The Message calls for no such legislation.
It only enjoins the propriety of "o 'provision
for the retirernent of the judges;'' in which
case only the minister engaged to recommend
to his Majesty the apfoiufment of the judges
of ihis province on the same footing with
corresponding appointments in England ;
and in which case only can the judges be fur-
nished with Commissions during good be-
haviour. The next three clauses indeed, af-
fect to establish a permanent allowance for
salaries and pensions to the Judges. But
wheac© wero these to come ? Whv? say the

319

Assembly, from '• the funds already by laW
appropriated generally for the administratioa
of justice and support of the civil govern-
ment." Surely our readers need not be
told, that these are the very identical funds
■whose existence the Assembly at^ncedeny
and assume to themselves the right to dis-
pose of ! What infamous tergiversation is
this ! Were such a measure as this sanc-
tioned, the judges would be less independ-
ent than ever. Should these " oppropriate(r^
funds be given up to the Assembly, as has
been done towards the conclusion of the lata
Session, w^ouid not the judges be obliged
annually to beg at the door of the House of
Assembly for their salaries and pensions ?
Besides, even allowing that no such preten-
sions had ever been set up by the Assembly
to the permanent appiopriaied revenues of
the Crown, these revenues are far from being
adequate to the payment of the judges ; and
the object of both the despatch and the mes-
sage was, not a disposition on the part of the
Assembly of those permanent funds, but a
new and different " provision for the Re-
tirement of the judges according to the scale
which is adopted in England." But this
was a distinction which the Assembly could
not, or would not understand. They had
long contemplated the hope of being one day
enabled to render the judges subservient to
their own popular tribunal, and this, they
thought, was one step towards a consumma-
tion so devoutly to be wished. According-
ly, the sixth clause of the bill ia question^

320

eenstitutes the Legislative Council as a tri-
bunal competent to try not only the judges
but every other officer guilty of high crimes
and misdemeanours. Yet, they forget, that
whatever instructions may have once reach-
ed this province on this subject, these wero
afterwards modified to such a degree as to
deny to the Council any judicial jurisdiction
without the express sanction of his Majesty.
But \vc should be glad to stand face to face
with the man who dared to say, that even
the King himself had the right to confer a
judicial character upon the Legislative Coun-,
cil without an ace of the Imperial Parliament.
To talk then of a provincial subordinate leg-
islature assuming to itself powers which can
only emanate from the supreme authority of
the empire, is sheer downright stupidity and
nonsense ; and such opinions can only be
entertained by a legislative body pretending
to an equality of power and authority with
the Imperial Parliament. Need we be sur-
prised, then, if the Legislative Council have
rejected a bill so fraught with innovation and
veal danger 1 They therefore did right in
damning it ; and we think that those who
have found fault with them for doing so-
such as the Canada Comuiitiee, their min-
ions and witnesses — ought to be impeached
as traitors to their country ; at least, as base
malignant traducers, unworthy of being as-
sociated with by any wise or high-minded
people. Such is the state of affairs with re-
spect to the independence of the judges; and
such is the fate of the recommendations of

32 i

li'm Majesty on a subject, which al)OVO ah.
others, dcrnarids the serious uttcnlion of u
free and ea!iji;htencd country !

The fjuulijication of Jur-jticcs of the I'cacc
has been an old and favourite measure in
the House of Assembly ; but the real object
in view, is, perhaps, not «o generally known
as it ought to be. We shall slate it in a hw
•words. Though more than thrte-fourlhs of
the whole magistracy of the province* is ac-
tually composed of native French Canadi-
ans, yet the Assembly have ever deemed it
an intolerable grievance that the whole body
of Justices of the peace does not consist of
what they term their " Countrymen,'" to the
entire exclusion of ^^ En^^llsh foreigners and
strangers.'" They are not content with an
exclusive legislative power. They must aI>:o
be possessed of the civil and criminal judicial
authority of the province. The only mean?.
■which they have hitherto devised for elTcct-
ing this object is the fjualljication of Justices
of the peace ; imagining, that, as the French
population are the holders and occupiers of
the greater part of the landed property of
ihe country, they are alone entitled to be
called upon to perform the important dutici
of magistrates. They cannot endure that
an Englhhman who is not possessed of real
property, can possibly discharge the duties

*In the District of Quebec there are 131
Justices of the Peace ; but of this number,
only ."30 have English names. The nurnbei-
of EugUsh ia tho other Districts is much less.

322

of a magistrate, however well qualified as t*
yank, fortune, education, talents and intelli-
gence. All— all must yield to the jihysical
strength and qualities of the Country. It
cannot be endured that a man with an Eng-
lish face, an English name, or an English
tongue in his head should sit in judgment
on a Canadian, or sign a mittimus for com-
Baitting to "durance vile" a son of the im-
maculate and renowned " ISation Canadi-
enne.^^ Such a case as this has always been
looked upon as the height of insult and ty-
ranny. Besides, the Assembly must have all
their own creatures in the magistracy ; for
who, in their estimation, can be so useful
and influential at Hustings and other politi-
cal assemblies, as those in the plenary en-
joyment of the magisterial functions ? It is
no wonder, then, if the measures adopted by
the late administration for purifying thecom-
missions of the peace, by dismissing those
who had so wantonly and insolently prosti-
tuted the dignity and character of the office
of justice of the peace, struck the Assembly
with dismay. This was a blow which they
could not easily recover ; and they have not
yet recovered it ; but as soon as the legislar
ture met, and its stunning effects had some-
what subsided, they lost not a moment in at-
tempting to right themselves. The Bill
which they introduced for this purpose, was
one of the most absurd, barefaced and un-
constitutional things of the kind we have
ever heard of. It required all persons ap-
pointed to the office of Jestiice of tije peac«

to swear that they possessed a free uniueuiii-
bered revenue of £100 per onnujn. This was
an attempt to assimilate the qualifications of
justices in this province to those in England ;
though, ignorant as they are, they must have
been aware that there exists na analogy
whatever in the circumstances of the two
countries. It is very true, that in England
certain qualifications are in force, with re-
spect to justices of the peace ; and, in partic-
ular, no one can act asjusticc unless he have
£100 per annum, clear of all deductions..
Bat this is not with a view to ensure the .
services of men of property of any denomina-
tion whatever ; but, on the contrary, men of
education, reputation, rank, and learning.
Anciently, before the present constitution of
justices was invented, there were peculiar
officers apipointed by the common law for the
maintenance of the public peace. The du-
ties of those officers were limited to the mere
conservation of the peace. Their ignorance
in letters or in law was a. matter of no con-
sequence, because a good batton and a well
tempered sword were the best promoters of
peaceful demeanour ; and he who could
wield them most dexterously, was considered
the best guardian of publick tranquillity.
During the reigns of our earlier princes, a
*' good Clerk^^ was considered but an inferi-
or, being compared to a good "^rcAer," andj
in fact, was a less useful member of society,
considering the elements and the manners of
that society. But as mankind became en-
lightened, as feudal warfare ceased, as com-

m

;24

mcrce extended, and trade flouHshed, the
laws became iiuraerous aud iatricato ; and
no man could administer or enforce them, ex-
cept he who was either learned in the law,
orendowed by education and research with
a capacity, equal to the new duties imposed
upon him. In fact, as early as the reign of
Edward III. justices became Judges in ca-
ses of felonies ; and it was then that the old
conservators of the peace acquired the more
honourable appellation of Justices. In pro-
gress of time, the criminal laws became still
more complicated and voluminous; and, as
they now stand and arc executed in this pro-
vince, very few persons can be found in the
country of sufficient capacity to administer
them as they ought to be administered. Ca-
ses wherein the dearest rights of freemen are
interested come to be decided before the
justices in all their stages from the first ru-
mour of complaint to final conviction. The
personal liberty of the subject is discussed
before them every day. In their General
(Quarter Sessions, they are authorized to call
Grand Juries before them, who are conse-
quently endowed with the highest powers
next to legislative authority. Every subject
being entitled, when accused, to a fair and
just trial, cases come before these periodical
courts of the utmost nicety, demanding the
sharpest scrutiny and the most careful dis-
crimination. Are we to bo told then that
these are duties and functions that can be
discharged by afiy man worth £100 per an-
num of free income? The thing is a pal-

pabie absurdity from begianing to ecd. This
is the first time in the annals of mankind,
we believe, that intellectual and scientifick
knowledge has been estimated by acres of
land and pounds of money. It is, however,
a false estimation : and will never answer in
any country whose civilization is such as to
render its laws a distinct and professional
study. We know a man in a certain city of
this province, who is in the receipt of an an-
nual free income of from two to three thou-
sand pounds ; but who can neither read nor
write his own name ! It is enough to dis-
gust and sicken any one who contemplates
for a moment the figure which this man and
bis equals iu ignorance w ould cut on. the
bench, doling out justice, not according to
therule''V)f law, but the rule of thumb or the
ell-wand. For these and other reasons we
desire to hear no more upon this subject: it
becomes loathsome to us. If we are xle-'i-
rous of keeping our criminal tribunals pure
and unsullied, let us have magistrates of ad-
equate education and acquirement. These
are only to be found among the respectable
English inhabitants of the province, and such
of the native French ones as really possess
sufficient education and information. It is
too soon to introduce the English laws of
qualification into this province. It will be
sufficient to do so when the peofile become
equally well informed, rich, and independ-
ent. The Legislative Couocii, therefore,
did right in throwing this bill overboard
oucc more.

3P

126

As to the discussion which took place in
the Assembly on the introduction of this
measure, it was truly worthy of the object,
and in perfect character with the ends in
'view. The hue and cry raised against the
Governor in Chief for the late dismissions
from the commission of the peace is equally
unique. But who and what are the individu-
als who were thus dismissed ? Why, the
very pests and ofif-scourings of the country ;
men who, to gratify their own party and se-
ditious views, prostituted their office and
fjtation as justices of the peace, and thereby
forfeited the confidence reposed in their hon-
f>ur and loyalty by the crown : men who
stood in open array against the government
of the country, and sounded the alarm-bell
of riot and confusion : men who had opened
their doors to nocturnal meetings of the most
diabolical nature : men who had turned their
iire-sides into forums of debating demagogues
and mountebanks : men who had sullied the
quiet and privacy of domestick life with the
hnpurities of faction and discontent : men
w^io had suliered the unhallowed yells of
disloyalty and contempt for the metropolitan
state to ring from morciug till night in the
ears of their wives, children and servants :
riien who afTected to be contaminated by
any association witii Englishmen: and men
who had bearded the highest functionaries in
the province with abuse the most degrading
and insulting. Did not such men at once
despise the law and the authority with which
it had clothed thorn ? Did they not from that

moment in which their evil deeds commenc
ed forfeitthe important trust reposed in theru
by their soverei'^n for the preservation of
the peace and safety of the country ? Who,
then, dare throw their poisoned shafts at the
head of his Majesty's representative for pu
rifying the comn^issiou of the peace of such
traitors and incendiaries ? Peace is the very
end and foundation of civil society. Can it
be endured therefore that those who are en-
trusted with the maintenance of the publick
peace, shall be among the foremost ranks in
destroying it ? The King's Majesty, to use
the words of Blackstoue, is, by his office and
dignity royal, the principal conservator of
the peace within all his dominions; and may
give authority to any other to see the peace
kept, and to punish such as break it. How-
were the men — the justices — in question to
be punished, except by dismissing them from
the commissicn ? As ilie office of these
justices was conferred by the King, so it sub-
sists only during his pleasure. There is n
variety ofuays for determining and supersed-
ing this office ; one of wduch is that which
was adopted in the present case ; via : a
new commission, which virtually, though si-
lently discharges all the foriaer justices that
are not included therein ; for two commis-
sions cannot subsist at once.* The powers
with wiiich the Governor of this province is
invested on this head, are t^s potent as those
of the King himself, as will appear from the

*Vide Blackstone, Vol. 1. p. 359.

528

following clause in his commission : — *' And
we empower you, the said Earl of Dalhou-
sie, in case any person or persons, having a
commission, or named by us to any charge
in our said provinces of Upper or Lower
Canada, from which they may be liable to
he removed by us, be in your opinion incapa-
ble of continuing in our service, to suspend
or remove such person or persons from their
diffarent employments, without giving him-
or them any reason for such suspension or
removal." Wfaerefore,then the clamour and
uproar raised against the Governor in Chief
for the discharge of a disagreeable duty for
which he was responsible to his King and
country ? Wherefore this petitioning in the
part of the dismissed justices to the present
Governor to be replaced in the Commission ?
Do they not know, that once they have for-
feited the esteem and confidence of their
sovereign, no governor who has any respect
for the civil institutions of the country or the
purity of justice, can pardon or reinstate
them ? Why, then, pester, torture, and tor-
ment Sir James Kempt with their vile scrawls
of complaints and solicitations? Let them
desist, and sink again into that nothingness
from which they have so prematurely arisen.
With respect to the character of the de-
bates which attended the introduction of the
bill in question, we confess that we feel at a
loss for language to convey a proper idea of
the sentiments which we entertain regard-
ing it. The speech of the Honourable Speak-
er—for he mint have something to say on

329 ■

aii questions — Is particularly obnoxious t©
decency, decorum, good sense, and magna-
nimity. His abuse of the Executive Council
is downright blackguardism ; and we give
it in a note in order to convince the world,
that this man is on a level with the dirtiest
and most degrading job that can possibly be
undertaken by the lowest and meanest of
mankind.* It is true, that no one who knows
this fellow will be surprised at any thing that
proceeds from the man. But when we be-
hold the ^/JcaA'er of the House of Assembly

* Q^ualification of Justices of the Peace. — The
House in committee entered upon this bill,
Mr. Laterriere in the chair.

T!)e first clause was, that all Justices of the
Peace should be appointed by the advice of
the Chief Justice, and his Majesty's Execu-
tive Council.

The HoHourable Speaker held it very im-
proper to entrust the appointment, (or
what was the same thing) the recommenda-
tion of Justices of the Peace to the Executive
Council ; that council carried on its delib-
erations under the veil of secrecy. They
were a secret and invisible body to which
past experience had shown we could not en-
trust this important duty. In the appointment
of the Commission of the Pence, the people
of the Province had been extremely ill used;
It had been employed to force upon the
country the discipline under which it groan-
ed. Dismissions and appointments had
been made without respect to character, in-

330

standing up in his place — throwing oft" the
high dignity of his office and the sacred re-
sponsibility of his station — and vomiting
forth all the bile and corruption of his ma-
lignant and cowardly heart upon a respecta-
ble and higly essential body of honourable
men, every one of whom is his superior in all
relations and capacities, we have no hesita-
tion in concluding that the province is posi-
tively dishonoured, and the government ab-

iluence, property or ability for the office.
Every thing was made subservient to party
purposes. The Executive Council was
chiefly composed of those who depended en-
tirely on the Administration and who used
their office with servility, secrecy and views
of advancement. Every thing combined to
make their nominations dependent on the
caprice of the Governor. In such appoint-
ments probity, honour, character, respecta-
bility were disregarded or put into the oppo-
site scale. Thus men who were fit for these
offices were disgusted with the company
they were obliged to keep. No person of
merit or standing in the country would con-
sent to hold them. Such offices were de-
graded. Men who indentiHed themselves
with the suffering cause of the people were
expelled and driven into retirement. Up-
starts unknown and contemned weve sub-
stituted in their place. Such were the enor-
mities committed by the Executive under the
system which we are now called to support.
— Clnebec Star, of January, 1829.

331

soliltely disgraced by the presence of a bein^^,
so truly loathsome and disgusting. Were
not the Executive Council degraded in their
own eyes while such a man mingled amongst
them? Were not his Majesty's councils
contaminated even by the approbation of
such a man ? But he is not noiv, thanks to
Lord Dalhousie, an Executive Councillor;
and the country is indebted to that nobleman
for having erased from the Council book the
name of a person so little worthy of his ma-
jesty's confidence. That nobleman knew too
well that the spirit which governed a Papin-
eau was inconsistent at once with the hon-
our of the crown and the real interests of the
province. He dismissed him therefore, un-
der circumstances, which, we are certain,
will ensure his absence from the Council
board in all time to come, tvlioever may be Gov-
ernor. Nor is Mr. Papineau a man to be as-
sociated with by any one at such a place ;
especially after the mode, and the tone, in
which he has publickly defamed his Majes-
ty's Executive Council. He has neither
amity of manners nor generosity of soul to
acta proper or dignified part on a stage so
important; and of him we may truly and
justly say, Totus injidus est, et aperte rupit
amicitice jura.

Out of these proceedings with respect to
the qualification of justices, arose the m-ore
serious and alarming measure of expelling
Mr. Christie, a member of the House of As-
sembly, as representative of the county of
flaspe. As thi« is a question ivhich not only

o'o'Z

involves aa interesting constitutional poiui.
but deeply concerns the riglits, liberties and
franchises of the people, wo will consider it
in two aspects — frst, whether the House of
Assembly have a i ight to expel a member in
any case, and under what circumstances ;
and, secondly, whether, granting the first
proposition, there existed just nud sufficient
grounds for the expnlsion of Mr. Christie ?
Before doing so, however, we think it proper
to state, that we know nothing of Mr, Chris-
tie, personally, that we have no partiality or
friendship for him, and that whatever wb
may say with respect to the difficulties in
which the proceedings of the Assembly have
involved him, shall be solely dictated by the
purest regard to the honour of the provincial
legislature and the best interests of the coun-
try. ■,.
I. It must be admitted that no body of
men, however or for whatever purpose as-
sociated, can exist in an incorporated state
for any length of time, unless they are gov-
erned by certain laws and customs which not
only serve to constitute, organize, and main-
tain it in being, but which also invest it with
a certain authoritative and compulsory ju-
risdiction over the members that compose it.
These are rights inherent and peculiar to all
societies, whether barbarous or civil. The
•wildest race of Cannibals that ever existed
have their laws : they have rules, however
rude, that cannot be infringed, and usages
that cannot be encroached upon, without in-
curring penalties and punishments the most

severe and degrading. Man is, by nuiuvej
the member of a community ; and when
considered in this capacity, the individual
appears to be no longer made for himself,
lie must forego his happiness and his free-
dom, where these interfere with the good of
society. Agreeable to this maxim, every as-
sem})lage of men, every order has its own
peculiar rules and institutes of government.
Tlie army has its orders, regulations, and
codes of honour : the church has its canons :
the courts of justice have their laws and cus-
toms : and the high court cT parliament has
its own peculiar Law, well known as the lex
tt consnetudo farliamenti. To each of these
different laws and customs every member of
the community to which they severally ap-
ply, is amenable. But such are the im-
perfections and weaknesses of ail human in-
stitutions, that even laws founded on the
best principles and wisest maxims, may not
only be exercised with a total disregard ol
the lights of those who are principally in-
terosted, but carried far beyond the bounds
of their legitimate jurisdiction ; thus at once
. ■T'^cting the original compact between the
members of the particular body to which
they apply, and encroaching upoQ the liberty
and iadepeudence of another community
over which they possess no authority what-
ever. Every system, as well of law as of
every otherscience, musthaveits limits. Na-
ture hercelf has her laws; and the solar-sys-
tem, infinite as it may appear to us, has its
limits i;.ad boundaries, Ja truth, the very

aim antl ol)ject of laws, is to set bounds and
landaiarks to the follies and passions of man-
kind. With regard, in particular, to the
case before us, it, too, is bounded and cir-
cumscribed ; and can no more be endowed
with extraordinary principles of tension,
than the earth can be driven from its orbit.
The supreme, sovereign power of this coun-
try resides in the Imperial Parliament of Great
Britain and Ireland. Thejurisdiction of this
high Court is as extensive as its power is
transcendent, and is stretched over every
corner, however remote, of the King's do-
minions. It comprehends Canada as well
as Westminister, and New-South Wales as
^vell as Middlesex. Accordingly, it is from
this supreme authority that we have derived
and accepted onr civil and political exist-
ence— our judicial and legislative capacity.
But the Imperial Parliameut has not confer-
red, and could not confer on a subordinate
dependent colouy as this is, all the sovereign
and uncontrolable authority enjoyed by it-
self. We are therefore bound, as Aveil in
duty as allegiance, to exercise the powers
actually conferred upon us agreeable to the
jOtter and not beyond the spirit of the deed
of conveyance by which we were put in pos-
session of such inestimable rights. W^e are
bound, to look upon ourselves as the execu-
tors of a law which we can no more extend
nor abridge — alter nor destroy, than a com-
mon court of equity can unite legislative to
its judicial authority. Neither can we assiimc
any right, benefit or privilege further than

those expressly conferred upon us. To 6uj>-
pose a Colonial legislature capable of exer-
cisiag, even if it could inherit, the power and
jurisdiction of the Imperial Parliament,would
be to suppose a thing which never did, and
never can, happen. The mere contempla-
tion of the nature and jurisdiction of parlia-
ment will he a convincing proof of this. It
has sovereign power and uncontrolable au-
thority in making, confirming, enlarging,
restraining, abrogating, repealing, revising
and expounding of laws, concerning matters
of all possible denominatioas, ecclesiastical
or temporal, civil, military, maritime or crim-
inal; this being the place where that absolute
despotick power, which must in all govern-
ments reside somewhere, is entrusted by the
constitution of these kingdoms. All mischiefs
and grievances,operaiions and remedies, that
transcend the ordinary course of the laws,
are within the reach of this extraordinary tri-
bunal. It can regulate or new-model the
succession to the crown. It can alter the
established religion of the land. It can change
and even create afresh even the constitution
of the kingdom and of parliaments them-
selves. It can, in sbort do every thing that
is not naturally impossible ; and therefore
some have not scrupled to call its power, by
a figure rather too bold, the omnipotence oi'
parliament.* The laws, customs, and priv-
ileges of this great tribunal are equally un-
controlable and extensive ! The whole of the

-Blackstoae, Vol. i. p. 173,

33G

law and custom of parliament, says Black
stoqe, has its original from this one maxitD.,
" that whatever matter arises conceirniag
either house of parliament, ought to be ex-
amined, discussed, and adjudged in that
house to which it relates, and not elswhere."
As to privileges, the same authority tells us,
that they are very large and indefinite." And
therefore when in 31 Henry VI. the house of
Lords propounded a question to the judges
concerning them, the Chief Justice, Sir John
Fortescue in the name of his brethren, de-
clared, "that they ought not to make ans~ ,
wer to that question ; for it hath not been
used aforetime that the justices should in
any nay determine the privileges of the
high court of parliament. For it is so high
and mighty in its nature, that It may make
law ; and that which js law, it may make
no law ; and ihe determination and knowl-
edi^e of that privilege belongs to the lords of
pafliaiiicut, and not to the justices." With
respect to the jurisdiction of the imperial
Parliament, we have already said, that it is
as extensive as the empire. It can control,
limit, and bind the colonies and their legis-
latures in any manner most suitable to the
weifa.'-e and dignity of the n:ition. And
such a goverament as ours, being of the na-
ture of a civil corporation, has only the pow-
er, to use the words of the sr.me author, of
making by-laws for their own interior reg-
ulation, not contrary to the lav, '^ of Eng-
land ; *^ and with such rights and miihorities

337

<ts are Spfxiai.ly given them in their several
Charters of Incorporation.^^

Now, considering the nature, power, and
extent of these laws and usages of the'tpl))e-
perisu ParU'imen: : considering that they iire
purely incideatal tot'jatbody ; that they are
not defined and ascertained by any particu-
lar stated enactiueat, but '' re£i," to use the
words of Blackstone, " eniirely in the breast
of the parliament itself ;^^ and that there ex-
ists no code, no stacute wherein they may
be studied-— is it possible to conceive by any
stretch of reasoning or nn;(logy, ihdt powers
so high and importai)o can .;'ther arise of
their own accord, or be assuuiod, brevimanv,
by the subordinate legisj^iure of any colony
whatsoever? This would be usurpation in
the highest possible degree, and '^^uch an us-
urpation us no British subject could tolerate
for a moment. In particular, the laws anrl
privileges of the House of Commons gradu-
ally arose with the strength and imuortancc
ofthatbody, and were principally created
for the purpose of guarding them from (he
arbitrary power of the throne ; and it is a
certain fact that the most exceptionable part
of the laws and privileges in. question, were
introduced and asserted by a house of Com-
mons, which abolished both monarchy and
peerage together. Are we then, in this prov-
ince to be subjected to a dark, mysterious,
indefinite, arbitrary, and inquisitorial pow-
er, merely because the House of Assembly
is a body of similar parts and functions to
those of the house of Commons ? Impossi-
filo i The commons are a supreme impe

338

jial tribunal ; but the Hbuse of Assembly i«
a subordinate corporation, subject at all
times and in all circumstances to the au-
thority of the imperial Parliameut,frora which
alone it has derived, or can possibly derive
its legislative capacity ; that capacity, as
already observed, being limited and circum-
scribed by the strictest interpretation that
icaa be put on the charter or constitutional
law whicii creates it. Now we have exam-
ined this law — this act of the imperial Par-
jiament — with great minuteness from begin-
Ding to end, and the only power which wc
tind it confei-s on the legislature of this prov-
ince is, "to malce laws for the peace, welfare,
and good government thereof such laws not
heing repugnant to this act^* It is true, ihat,
when vacancies take place in the Assembly,
the Governor or Administrator is empow-
ered to issue writs for new elections; but it
IS equally true, and the truth is of considera-
lile importance, that these writs can only ha
issued "iw the case of any vacancy which shall
happen hy the DEATH of the person chosen,
or by his being summoned to the legislative
flOMnciZ."f Such a thing as a vacancy caused
by the expulsion of a member, was never fui
a moment contemplated. We have seen
that the only way in which a seat in the le-
gislative council can be forfeited is by ab-
sence, treason or death. So, in the assem-
bly, the only way a vacancy can take plac:

*Vide Section II. 31 Geo. 3d.
:Vide Section XVIII. 31 Geo. Sil

339

U by death or a summons to the Leglsiatlvt
Council, To assume therefore the right ol
expulsion by a mere act of its own, was ;<
stretch of power on the part of the House o^
Assembly which is at once contrary to thp
]otter, spirit, and intentions of the const!
tutional act, and destructive of the rights,
liberties and franchises of his Majesty's Can
adian subjects. It will be in vain to argue,,
that without privileges and a certain juris
diction of the nature of a court of judicature
it would be impossible for the Assembly tt*
support its own dignity and authority. J3u
surely no man is so stupid as to conceive that
powers and prerogatives can be assumed by
any body of men without some authority.
Surely no part of any corporation— and wha',
is the House of Assembly but the part O;
hranch of a corporation? can assume any
rights that have not been especially given to
them without the consent of the whole ; es-
pecially when such assumption of power hap
pens to be prejudicial to the interests of third
parties. Can any number of the stockhold
crs. of the Montreal and Quebec Banks en
act a law excluding any number from a par-
ticipation in the benefits or profits arising;^
from the operations of the Banks? No ! This
^vould not only be punishing the individual,
but depriving his relations and*^ creditors of
their just rights and demands upon him ;
and, if it were possible that a law of this
kind could exist, it must emanate from the
whole, or a majority of the whole, body cor
porate, under the sanction of the legal tri

540

buuals of tlio country Here, then, we re
vert to our original proposition, that, al
though it be necessary to the preservation ol
every society to be endowed with powers of
self-preservation and a certain jurisdiction
over the members of which it is coui posed,
yet it is nevertheless absolutely necessary that
such power and jurisdiction should spring
and have its origin /;om the ivhole body of the.
aociciy, having; indubitable right to invest it-
self with such power and authority. In one
word, all we contend for is, that though it
is but justaud reasonable the assembly should
possess some of the powers and privileges
ivhich they pretend to, they cannot maintain
or exercise them without the sanction of the
imperial Parliament, or an act of the Provin-
cial Legislature.'* They cannot take the law
into their own hands. 'Phey cannot assume
this power and waive that one, without the
approbation of the whole body politick. As
to the laws and privileges of the House of
Commons, they cannot usurp them. This
■would be to suppose themselves possessed of

*The Constitution of the United States
ivisely declares that, " each house may de-
termine the rules of its proceedings, punish
its members for disorderly behaviour, and.
7vith the concurrence of two-thirds, expel a
member.'^ We do not find any rule of this
kind even on the Jour7iah of the House of
Assembly ; far less in the constitutional act.
If we did, there could be no dispute on ih-
subject.

34

the iinporia! indepeudeDce of thai Ijousc, ami
a branch of the supreme legislature of the
state equal in authority, and consequence,
instead of a branch of a limited and subor-
dinate corporation. Wo are therefore firmly
and decidedly of opinion, that the House of
Assembly have no rijihf, to expel a member ;
and that the expulsion of Mr. Christie was
arbitrary, illegal and unconstitutional. We
know not whether the Governor has signed
the writ for a new eieclion for the County of
(raspc ; but if he has, we must crave leave
to say, that his advisers have misled his Ex-
cellency. In similar circumstances his
friend, »Sir. James Henry Craig, acted other-
wise ; and rather than perform a deed which
he conceived to be at once a violation of the
constitution and de'ifruetivc of the rights i
and franchises of the subject, he diHuolvtd iho
legislature. He could not sign a writ for
which there was no provision in the consti-
tutional Charter. His words are memora-
ble : '•'■(jcnllemtn^ 1 cannot, dart not re.ndtr
myself a par taker in the violation of an act of
the Jmjjcrial Parliament ; and J know no other
v;ay by ivhich I can avoid hecwninfr so, but
that which [ am fjursuinf^.'" Jiut whether a
writ has been issued or not, the people of
Gaspe are not bownd to proceed to another
flection. They have been illegally and ar-
liitrr^rily disfranched by a mere resolution of
the House of Assembly, when there was no
power on earth that could inflict such a pun-
ishment upon them, except an act of the Inn
orial I'arliainent, or aa act of the provin

142

cial legislature, sanctioned and approved by
his Majesty or his Majesty's representative .
If, therefore, men of Gaspe ! you have a
drop of British blood beating in your veins
— if you have a spark of British freedom in
your souls — if you detest from your hearts,
as I know you do, the idea of being slaves to
an usurping and tyrannical house of Assem-
bly—if you wish to secure to your children
and their posterity the rights and privileges
of Britons, do not proceed to a new election !
We warn you of the consequences ! If you
do, you will extend your sanction and be-
come active participators in one of the most
wicked and despotick acts that ever dis-
graced any Legislature. Again, we conjure
you to beware of the consequences. Stand
by your rights. Petition both the Imperial
and Provincial Legislatures. Tell them
boldly that you have been illegally disfran-
chised by an usurping and factious Assem-
bly ; and that you wish to be reinstated to
the rights and immunities secured to you by
the constitution ; and that, as that consti-
tution now stands, you will never acknowl-
edge the authority of any power to deprive
you of a voice in the laws of your country.
Know you not that the house of Assembly
cannot proceed to business without a member
from Gaspe ? You are of more consequence
to the councils of the province than you are
perhaps aware of. Use it, therefore, and
depend upon it that you will discomfit all
your enemies. In 1820, the house of As-
sembly unanimously resolved, " that the

343

representation of the province being iacom
plete, DO member having as yet been return-
ed for Gaspe, the house was incompetent,
and could not proceed to the despatch of
business." You can thus suspend the whole
legislative business of the country ; and you
will be cowards and cravens unless you do
so until you be placed in the same condition
in which you stood previous to the expulsion
ofyour representative. Above all, do not
proceed to another election, and you shall
have the thanks and gratitude of the coun-
try for having settled a constitutional point
of the highest importance to yourselves and
posterity.

II. But granting, for the sake of argu-
ment, that the house of assembly had been,
fully competent to expel Mr. Christie by a
mere vote and resolution of their own, we
maintain that there was no good or solid
cause for doing so. The delinquency that
esposeg a man to the contempt and ridicule
of the world must be great indeed ; that
which serves to banish him from a society
supposed to be the first in the country for
pre-eminence, talent and respectability, ought
to bo of such a nature as not only to be clear-
ly and satisfactorily proved in the minds &i
impartial judges, but to be almost next to un-
pardonable. But what are the facts of the
case before us ? We have already seen,
towards the conclusion of the late adminis-
tration, how necessary it became to purify
the commission of the peace by leaving out the
names of those who had characterised them-

344

n.elvesas the enemies of the peace and wel-
fare of the province instead of what the laws
intended they should be, its best patrons and
protectors. On that occasion the chairmen
of the Quarter Sessions in the three Districts,
the judges, and, we believe, other respecta-
ble individuals connected with the govern-
ment, were directed to give in lists of such
individuals as they conceived sufficiently
qualified, by^'rank and conduct, to execute
the duties of justices of the pyace. On the
2d of June, 1827; Mr. Christie, as Chairman
of the Quarter Sessions of the District of
Quebec, received written instructions through
the Civil Secretary of the Governor to pre-
pare his list. On the 8th of the same month
the list was accordingly prepared and given
in. On the 5th of July following, the legis-
lature was dissolved by proclamation. On
the 14th of August, Mr. Chrisiie, formerly
law-clerk lo the Assembly, was returned as
representative for the ( )unty of Ga^■pe, and,
on the 20th of November appeared in the
house and voted. On the 15th of Februa-
ry, 1828, the commission of the peace was
issued; and the names of certain members
of Assembly, formerly justices, were not
found recorded therein.* On tho 2 1st of
November, 1829, the legislature met agani ;
and the Committee of the hous<; of Assunbly
appointed to inquire into the qualification of
justices of the peace, were instructed to dive

*We are indebted for these facts to the
Quebec Mercury of the 21st March, 182i:>.

45

deep into the late dismissals, not only bo-
cause three of their own niembers, who al-
ways voted against government, were a-
mougst them, but because Mr. Christie had
become extremely obnoxious to the house,
in consequence of having, in the previous
session of two days, voted with the minority
against the legality of Mr. Papineau's elec-
tion as Speaker. This committee, more
fond of tattles which administered to their
malice and revenge, than real information,
discovered through some weak witnesses,
wli ) had no more idea of the dignity of con-
duct or the propriety of manners due to the
situation in which they stood' than a sucking
pig in a canvass sack, that Mr. Christie had
a hand in the dismissals in question : ?nd
that he oven boasted of having bee< the
means of excluding unsound and seditious
members from the commission of the peace.
This was enouj^h for the comm.ittee: they
held him "by the hip," they thought, and
'r.ow let slip the bloody dogs •^'f war upon
their devoted victim. T',e tattles and the
badinage which were given in evidence be-
fore the committee were carried triumph-
antly to the house in a report. The joy was
now universal. Mr. Christie presented a
petition, setting forth the injustice that had
been done to him as a member of the house
by the ex parte nature of the proceedings a-
dopted against him— offering to prove the
falsity of the evidence adduced to his preju-
dice—and craving a fair trial before be
house. But tongue had been given: blood

146

bad already beea tasted, aod nothiug could
stop or quell the eagerness of the sportsmen
in pursuit of their game. The petition was
declared false, contumelious and vexations,
and an attack '■'againsV^ the honour and
privileges of the house. A string of seven-
teen resolutions were then introduced by
Saint Vallkres, giving a full and true account
of the shocking crimes, delinquencies, and
misdemeanours of the said Robert Christie,
the cream of which is as follows :

i:^. That Robert Christie, Esq. a member
of this House, being Chairman of the Quar-
ter Sessions for the District of Quebec, was
commanded by his Excellency, the Earl of
Dalhousio, Governor in Chief of this Prov-
ince, in the course of the year IS'i/, to pre-
pare and lay before him a list of those per-
sons whom it should to him appear advisa-
ble to appoint to the office of Justice of the
Peace, by the new General Commission of
the Peace for the said District.

4. That the said Robert Christie, intention-
alii/, left out of the said list by him made, the
names of Francois Quirouet, John INeilsou,
Francis Blanchet and Jean Belanger, Esqrs.
>vho had been for many years, and then were
Justices of the Peace f(.r the District of Que-
bec and meniheys of this House, for the pur-
pose of causing them to be deprived of the
Office of Justice of the Peace, on account of
their opinions and the votes they had given
in this House.

10. That in consequence of the List pre-
pared by the saiil Robert Christie, the said

347

1 ranroiH (iu i roue f., John Noil*; on, und tinn-
t'oin fil?irjr;hct, Mcrnhors of this House, were
»liHrrii'i'if;<l fiorn iho oHico of Justice of the
['caco, hy tho last cornrniHsion of the Pcttcc,
now in force, in and for the District of Ciuo-
hcc, without any other cansc than their opin
ions and voteri in the Ifous' , and thai such is
the (lahtic rurnour and n(»toriety founded
'Idcjlif on the declaration and lari{.Mia^/j of
the said fto!)ert Christie, as well before, an
after the said dismissals.

11. That the «aid itohert Christie, at the
time he prepared the said f>ist and advised
ihc Coverrior in Chief to the said disniis^al"?,
Avas one of the Members of this House, after
having been fiefore and up to that time, one
of the confidential officers of this ITouKe.

li). That the said Robert Christie is guil-
ty of hi^h crimes and misfJetneanors, and i>;
nn worthy the coufidcnce of His MajeutyV.
Government.

H;. That the said Robert Christie, is guil-
ty of a high contempt of this House, and i-;
unworthy to serve or to have a seal as a
member thereof.

]7. That the said Robert Christie be ex-
pelled this House.

Now, all thi^ may sound very well, and
rnay seem very fine to the Assembly, who
had evidently no other object than to gratify
their revenge by the expulsion of Mr. Chris-
tie. I'ut men, e-.pecially individuals corn-
posing a branch of the legislature, ought to
bo consistent in their conduct as well as im-
partial in their judgments. Ry reference to

348

the second resolution it will he found that
JMr. Christie was " commanded''^ to make out
the list in question. It was surely therefore,
discretionary with him to name any one who
might appear to him advisable for filling the
office of justice of the peace ; and will any
being, of sense or generosity, say, that a
member of the House of Assembly ought to
be expelled, and his constituents disfranchis-
ed during a whole session of the provincial
legislature, /o/'i^/te mere exercise of an opinion.
Not only Mr. Christie, but every loyal sub-
ject in the country, is ready to declare that"
the individuals dismissed, to say the least of
ihem, were very unfit persons to be entrust-
ed with the King's peace ; seeing that they
took every opportunity to disturb and en-
croach upon it in furtherance of their party
and political views. But what, in reality:
hns Mr. Christie or the Assembly to do with
these dismissals ? Even if Mr. C. had, and
we have no doubt he has, positively and point-
edly recommended these dismissals, the act
was not his. It flowed from a higher source,
and, if illegal, which we deny, that source
alone is responsible for the consequences.
But absolutely, this is neither cr/me nor mis-
demeanour, and is merely an exercise of the
judgment, or recommendation at most, over
which*the most immaculate tribunal can hold
no jurisdiction. In the House of Commons,
nothing can incapacitate a member but the
complaint of acritne and proof thereof. Wal-
pole. Sir Richard Steel, and Wilkes, were
all accused and proveu to have been guilty

S49

of crimes both at common law and customs
of parliament. But by what law either
of the province or the legislature, is tho
charge against Mr. Christie construed or
magnified into a crime 7 The Justices of
the peace in England are appointed on the
recommendation of the Lords Lieutenant of
Counties, tho Lord Chancellor, and other
j^reat officers of tho state. It very often hap-
pens that in new commissions old justices of
the peace are left out and others put in. Has
tho house of Commons ever expelled a mem-
ber for any opinion as to who, or who should
not bo included in the commission of the
peace. The king can entrust Lis peace to
whomsoever he pleases; and we maintain,
that when the Commons pretend to a voice
in the nomination of officers of justice, as hay
been donei in the present case, the rights and
prerogatives of the Crown will have been
annihilated and tho constitution destroyed-
But supposing the conduct of Mr. Christie
to have been criminal, we maintain with
equal pertinacity, that the present assembly
have no jurisdiction in tho case, and thac
they are incompetent to take cognizance of
delinquencies committed by any members of
the last assembly, there having been a dis-
solution and a new election. The case of
Mr. Christie is still more clear, because when
the offence was committed /le was not a mem-
ber of any Assembly. It will be observed
that is stated iu the 11th resolution " that
the said Robert Christie, at the time hepre-
jiared the said list, was one of the raeinbcrK
VJ

350

of this House." Now, this is a gross and
palpable falsehood ; for we have seen that
the list was prepared and given in on the 8th
of June, 1827 ; whereas the election of Mr.
Christie did not take place till the 14th o(
August following! The Assembly have
therefore stretched and extended their au-
thority beyond its natural bounds, even if
legitimate ; and no one can be at a loss to
conceive the amount of the injustice which
has been done to Mr. Christie and his con-
stituents, in order to gratify that spirit of re-
venge and vindictiveness which has for some
time characterized the proceedings of the
Assembly. We warn the province tobeou
its guard against the assumption of powers
and privileges which would prostrate the
rights and liberties of the subject at the feet
of an arrogant and overbearing Assembly.
The fact is, that the Assembly have no priv-
ileges or jurisdiction whatever, and can nev-
er have, until they are given by the supreme
tribunal of the state, or enjoyed in virtue of
an act of the three branches of the provincial
legislature. Let us not therefore be robbed
and chained by mere resolutions of the As-
sembly, otherwise the time cannot be dis-
tant when our lives and property will be en-
tirely at their disposal, to the exclusion of
the voice of the other constitutional branch-
es of the legislature. During the last ses-
sion the Governor declared in a Message to
the Assembly, that he was instructed not to
f^anction the payment of any sum of money
for whatever purpose, without an act o,f the

351

legislature, lu the name of Freedom Rud
of Justice, what is a paltry sum of a few
hundred, or a few thousand pounds in com-
parison to the rights and franchises of Brit-
ish Subjects. How is it possible, then, that
an act, like the expulsion of Mr. Christie,
characterized as it has beeiv by the grossest
outrage and violence, and wherein the most
sacred deposits of a free constitution are in-
volved, can be enforced without a similar
proceeding. If a vote or Resolution of the
Assembly be not good for a hundred pounds,
surely it cannot be of sufficient authority to
expel an innocent individual, and deprive
his constituents of his services. This is a
point of view in which this subject ought to
bo seriously considered, and we now call
alike upon government and people to with-
stand any attempts of a similar nature that
may be made to ruin and enslave us. As for
Mr. Christie, we are surprised that he has
submitted in such silence and meekness to
the injury that the Constitution has sustain-
ed through him. We are surprised that he
has at all submitted to the dictum of the
House of Assembly. We are surprised that
he and his constituents have not long before
now united in a petition to the supreme tri-
bunal of the empire, and solicited justice in
a cause not only clear and just, but in which
the whole British nation is interested. We
are surprised that he has not made the coun-
try ring with his grievances, and introduced
the house of Assembly to the world in theii
true characters of arbitrary aad despotic ty

oj.

ianl>. If any thing that wo have snld wilJ
eati to such an issue, our reward shall have
boon perfected, and the object of those ob-
servations fully attained.

This seems to bo n proper place for in- »
trodueiug all that we have to say, which i»
only one word on tho subject of the resolu- i
tions and address of tho House of Assembly *
to the Governor for abolishing tho ofRco of |
Chairman ol the Quarter Sessions in the sev- '
oral Districts of the province, merely because
their opinions sometimes clash with junior
magistrates more subservient to the views
and projects of tho house of Assembly than
the Chairmen hapnen to be. Wo rejoice
that the Governor showed no disposition to
acquiesce in this fauatick and factious re-
quest. Tho business of the Quarter Ses-
sions, which, except in cases of life and
death, is fully as important as the criminal
sido of tho court of King's Reuch, could nev-
er be carried on with credit to the state or
safety to the subject without ihe aid of Chair-
men uell versed in the criuainal law of tho
province : Wc question whotlior twelve lay
justices can be found in tho whole country
capable^of charging a petit jury as to tho
distinctions between a common and justifia-
blo assault, or between a riot and an'aflVay.
VVhilo therefore tho province is destitute of
men of sufficient leisure and inu'ependenco
totakeapou themselves the whole duty of
tho magisterial bench without fee or reward
the Chairmen of the Quarter Sessions must
be continued in their situatioas ; and to leave

the maghtracy of such a couatry as thlswilii-
out head or guide would oe like deprivinj; a
flock of (ihcep ofilieir shepherd. Hut he-
sides being chairmen of the Quarter Ses-
fiions, the Magistrates who fill those stations,
are also the Police Magifjlratcs of their sev-
eral Diatrict«, for which they receive no ex
tra renauncratioa ; and no ono will say, that
thiit iii an oflJce v/hich any magistrate would
take upon himself without a regular salary,
even were the duties of a more agreeable
uature than they really are, and the province
capable of affording the necessary leisure
and talent. We trust therefore that this is a
subject which will not be repeated, and that,
the government is alive to the folly and dan-
ger of yielding up to the Assembly an office
which they hate because it is useful, and de
spise besausc it is filled by men of too much
loyalty and integrity to be partizans of tho
demagogues of the Assembly. The aboli-
tion of the situation of Chief Justice of tho
Court of King's Jicnch would be attended
with far less difuculties and danger, because
all the puisne judges are lawyers, and by
consequence fully adequate to the duties of
their station w ithout the aid or direction of
the Chief Justice. We give the Resolutions
of the Assembly on this subject in a note, iu
order to shew the futile and general grounds
on which they found charges of the gravest
nature against individuals of the highest re-
spectability, and the sweeping nature of all
their innovations.
No one who has paid any atieatiofl to iho

!ji

j^orseveranceaad pertinacity widi whicb llio
Assembly have always souglit the possossiou
of wliat lias been termed the Jesuits' Estates,
could doubt tor a inoiueutthat such a session
as the late 0110 could pass without some steps
beiug takeu in furtherance of the great ob-
ject iu view. Accordiugly a Resolution was
passed, as the foundation of an Address to
the Governor, setting forth, that the house
having during the present session voted con-
siderable sums for the encouragement of
learning and learned establishments, noth-
ing could bo more just and reasonable on the
part of his IMajesty than to place at the dis-
posal of " his faithful commons of Lower
Canada the estate of the late order of Jes-
uits, to be applied to tlio purpose for which
it was origiualli/ destined, in order that the
income arising therefrom may be applied to
tlie purposes of encouraging and dift'using
education iu this province. Really nothing
can be more Jesuitical than the frequency,
character and object of the efforts of the As-
sembly with respect to the estates iu ques-
tion ; for, ever since the commencement of
the constitution to the present day, they
have not failed to make au annual attack
upon the rights of the crowu to these es-
tates ; the first address beiug voted on the
11th of April, 179;i. Ou6 would think that
the disiuclinatiou of his Majesty to listen to
these importunate mendicant requests, and
his determination nut to yield up these es-
^tes to the Assembly, confirmed by a posi-
ureretusal of nearly forty years' standing.

355

nvould be sulficiont to prevail upon llie As-
^eralily to desist from furtlior supplication.
But it would appear as aslandin}^ maxim of
this body, that neither right nor favour can
he too great to be solicited, and that, wiien
once asked, no concession can he justly re-
fused. In truth, this seems to he the max-
un of all those to vviiom too much has been
conceded. The [)roverb of the beggar on
horseback is well known. 'J'hc estates of
the Jesuits produce some small funds: these
funds the Assembly are desirous of having
tbe possession and disposal of, because they
have long thought that all the other pubJick
revenue of the province has already been
consigned into their hands. This ij not the
case, however; and as long as the 14th of
the King, and the rights of Crown exist, we
hope there is not an individual in the coun-
try who is so much a villain as to advise a
concession that Avould plunge this province
into irretrievable ruin and destruction.

The Assembly have foolishly enough im-
agined, that, because the Jesuit Missiona-
ries sent to Canada look upon themselves the
education of a few Canadian illegitimate
children and some young savages, the lands
which were given ^o them were destined to
defray the expense of such education. This
is a proposition than which nothing can be
more preposterous; and if we can shew that
the Jesuits did not and could not hold any
real property in Canarla, wo think it will bo
an easy matter to provo that the ^^ original
ifc.ftination''^ of the estates io question could

356

not bo for the purposes of cducatioti, niad
<'()ii.so(iuonlIy, huviij;; hocoino vostocl in his
Majosty by rif^-ht ofcoiiqutsl, his Majesty in ay
dispose of thoin an ho thinks proper. In
fact his Majesty has hithorto donoso; and
allhoii;:;!! ho has doomc<l ii noilhor wise uor
prudent loo throw tho produce of the huidsof
tho Jesuits into the voraciouH maw of the
Assmnbly, ho has graciously and fi;onorously
loft it in tho province to be disposed of, tow
nrds the onconrajijouiont of education and olh
or charitable osiublishnionts.by heatlsas wi»io
and hearts fully as conipas<iionate as those
<»f a self-sulliciont and arrogant popular As-
sembly.

Our first and boat authority on this ini
portant question is SirJaincH Marriott, whose
able and |)rofouud arguments we shall ninko
use of instead of our own ; boin{; assured
tlwit any one who peruses them will bo con-
vinced of tho insolence and folly of tho claims
of the Assembly. These argumouts will be
found in a letter from this able civilian to
the Attorney and Solicitor (jieneral*' of Eng-
lantl itv May, 17()r>, on a reference by tho
Karl of llalifaxt bin Majesty's principal sec-
retary of state, of tho case of the Jesuits in
Canada.

" Resides tho Jesuits of tho less observ-
nucc, who are to be found in t)veKy part of
the world, concealed a};onts of tho society,
laymen as well as priests, persons who have
been married as well as those who have

Messrs. Norton aud Dq Grey.

157

iicvor married, and of all coiulitious and
cniployrijcnts of lifo, (tFio wholo order
aniounuu'^ to twenty thoiixaiid men in iho
year 1710, an(i liricc irinrcaHod in proportion
to iho ontcrjjriiin;^ ^<;niuH of that, socicly m
iho counio of half a century) tlio known coni-
tnuuitios of the Je»uit-j ia Canada were tho
Missioriw. Tho Missions ucro properly
Kpcaking, drauj»ht« from tho houHoji of th^j
professed ; (nf^reoahiy to tho plan of thi-j
order, foiinflcd Ity a military man upon rniii'
tary prin(:Jplo.H)---t!iey are engaged hy tho
J'ourth vow to i^o to any part of tho world
where the Pono or his (General shall send
them, non 'pi-li.iio vialMo. The rniwifms aro
so called in their instilulo in dislirjtlion to
the houses of the profesMod, and from tho
houses of tho novic-ialcH and colleges. Tho
missiouv, like the professed aro all under u
vow of poverty, and mendicants by institu-
tion, and, as tho professed hold estates in
IruHt for the noviciates anfl coilcfreH, and tho
rest of tho society, havin;; nothing for them-
selves, otherwise than indirectly, (for they
never beg notwithstanding their institute) »o
the missions, who aro detached from tho pro-
fessed, hold c.'>tates in the same manner. If
tho estates arc donations, then they are held
for -juch u'ifiH a^ the i'aiinii'HH, by yrniil, {^ift
or devise, shall have directed and for such
other uses as tho father-general ahall direct ;
inasmuch as all donations aro constantly ac-
cepted by the order, ;ind ratified l»v'f'e (Gen-
eral,with this sficcial salvfi, comuiXiiy known
and supitoaed to be acquiesced in by the do-

358

uors or their representatives, ita tamen ut in
omnibus instituiii ratio serveiur. And if the
estates are acquired by purchase out of the
surplus of the funds destined ad libitum by
the general for the support of the colleges
out of the profits arising from commerce or
personal industry,then the missions hold these
estates for the benefit of the whole society,
wheresoever dispersed over the whole world,
but united under one sovereign head domi-
ciled at Rome, whose power over his whole
order being unlimited he is the sole proprie-
tor, and, as it were the heart of the whole
body, into w^hich and from which, all prop-
erty has a constant flux and reflux by a cir-
culation ofthe system in all its parts. So that
the estate of the society must be considered
in the possession of one man, the general of
the order, who is always by birth an Italian,
an actual subject ecclesiastical and civil of
the Roman pontiff; upon whom he acknowl-
edges a kind of feudal dependence rather
than an implicit obedience, (the father-gen-
eral having sometimes resisted,) and being in
some respects independent, even of papal
authority being in all other relations an ab-
solute sovereign over his own vassals, who
are independent of every civil Government
under which they reside ; to which they can-
not be united in a civil essence by nature of
their institute, without ceasing to be what
their institute makes them, a distinct nation
in the midst of nations, and an empire in
the midst of empires. As all other regulars,
according to the canon law, are servants of

:59

thedr monastery, so the iadividuals of the so-
ciety of Jesuits, according to their institute
are the servants or rather slaves of their or-
der and according to the rule of law, by which
quid quid acquintur servo acquiritur domino,
they have rio property at all.

*• It is remarliabie, that the order, (of
which the province of France makes but a
very small part) has been only tolerated pro»
visionally in that kingdom, and upon proba-
tion of good behaviour, without ever having
had any legal complete establishment as a
part of the ecclesiastical and civil constitu-
tion of the realm. The general of the order
has constantly refused the conditions of the
original admission made by the acts of the
Assembly at Poissy of the Galilean Church,
and has also refused the conditions of the
re-admission of the society on • the same
terms after their expulsion, (which re-ad-
mission was granted by the royal edict in
virtue of a treaty between the crown of
France and the papal see) because the terms
of re-admission were radically subversive of
the whole order. To the original acts of ad-
mission all subsequent edicts in their favour
have had a retrospect. So that the arret of
expulsion remained always liable to execu-
tion ; and the . members of the order were
merely as inmates, occupants of houses and
lands in France, and in the extent of the do-
minions of that crown, subject to resump-
tion.

" From all these premises it seems con-
clusive that the titles of the society passed.

loO

together with the dominions ceded to Great
Britain, (in which dominions these posses-
sions were situated) attended with no better
qualification than the titles had by the laws
and constitutions of the realm of France,
previous to the conquest and cessions of
those countries. But it seems further to he
clear, that those titles are now in a worse con-
dition since the conquest and cession : for
till that period they were only in abeyance,
and suspended upon a principle of proba-
tionary toleration; but by virtue of the nat-
ural law of arms and conquest of countries,
confirmed by acts of the law of nations, by
solemn cession and guaranty, the possessions
of the society lost of course all civil protec-
tion by the fate of war ; but much more so
by the only power, whose authority and in-
tervention could have preserved the proper-
ty of these possessions to their supposed own-
ers, having withdrawn its tolerance and pro-
tection, and deserted them, as a derelict at
the mercy and entirely free disposition of the
Crown of Great Britain, by making no pro-
vision in the articles of cession to serve the
pretended rights of the community of Jes-
uits ; nor indeed of any other ecclesiastical
community, which latter might have been
under a more favourable view, having civil
being, and each hoiise possessing a separate
property, distinct from others of the same
order ; wherieas the order of Jesuits, contra-
ry to all other regulars, is one indivisible or-
der, aggregate indeed by its own institute,
hut not incorporated by the laws of France ;

561

and the father-general never haviop: been an
inhabitant of Canada, nor a subject of the King
of France, he could not retire and avail him -
self of the fourth article of the definitive trea-
ty, nor sell his estates, nor withdraw his ef-
fects within the time limited. In a few words
the society of Jesuits had not and cannot
have any estate ia Canada, legally and com-
pletely vested in them at any time and there-
fore could not and cannot transfer the same
before nor after the term of eighteen months,
so as to make a good tide to perchasers, ei-
ther with or without the powers or raiifica-
tiou of the father-general, who, as he could
not retire, so he cannot retain any posses-
sions in Canada, since the lime limited for
the sales of estates there, agreeably to the
terms of the treaty : because he is as incap-
able of becoming a British subject as be was
of becoming a French subject ; nor can the
individuals of the communities of the Jesuits
in Canada taiie or transfer what the father
general cannot take or transfer; nor can
they, having but one common stock with all
other communities of their order, in every
part of the globe, hold immoveable posses-
sions, to be applied for the joint benefit of
those communities which are resident in for-
eign stales ; and which may become the en-
emies of his Majesty and his government.

"Whoever the persons are who occupy the
possessions in question, they must be under-
stood to hold the same as trustees for the
head and members of the one indivisible so-
ciety, and political body of Jesuits, of ec-

162

clesastical and temporal union, forming ac-
cording to their institute, one church and
monarchical government,with territorial ju-
risdiction independent of all citil authorities
under which the members of the society are
occasionally dispersed, and without stability
of d'omicil ; and that such trusts are there-
fore, from the very nature of this institution,
inadmissible by the law of nations and of
all civil governments; they are void both in
law and in fact, because there is no legal cor-
porate body civilly established to take the
use ; but an alien sovereign, and aliens his
subjects, who were and are utterly incapa-
ble, by the very nature of their institute, of
any civil existence. The possessions, there-
fore, of the society of Jesuits in Canada, in
every view of the case, are lapsed to his Ma-
jesty by right of conquest and acquired sove-
reignty ; by dereliction of the supreme pow-
er itself of whose good pleasure the posses-
sions were lately held, no provision having
been made by them for it in the act of ces-
sion ; by the want of an original complete
title in a body incapable of legal taking, hold-
ing, and transferring ; by the nature of de-
fective trusts founded upon such defective
titles ; and by the non compliance of the
order with the provisional terms of their re-
admission, as probationary occupants, only
jjro tempore, into the dominions of France,
domiciled in the person of their father gen-
eral at Rome, subject to the execution and
effect of the arref which was passed by the
original tribunals for tiieir expulsion iu 1594,

363'

to which they are still liable, for cever hay
ing observed, but openly rejected the condi-
tions of their first admission, which are the
conditions of the second, and farther are lia-
ble, ipso facto, "whenever they should be hurt-
ful and dangerous to the realm.

" The distinction which the Jesuits have
endeavoured to set up, between the Colle-
ges and the order, is neither supported by
fact, nor by the institute of the society. For
it appears from all the foregoing proofs of
their institute, that there is one chain of de-
pendence ; that the Colleges are not distinct
as communities from the body ; that the pro-
fessed Religious hold in trust for the Colle-
ges ; and, therefore, the conclusion is, that
if according to their own confession the Re-
ligious of the order of Jesuits are not receiv-
ed as persons capable of a civil existence,
they are incapable of the Trusts, and then
the Colleges are incapable of the uses. Thus
every thing built upon the foundation of this
anomalous society, falls to the ground to-
gether. And it is no wonder, that an insti-
tution which seems contrived, with a subtle-
ty more than human, to subvert the laws of
every country ecclesiastical and civil, should
find in the laws of every country an obsta-
cle to its establishment."

Now, these are arguments which the As-
sembly will not and cannot comprehend.
But education is not the real object of the As-
sembly, but money and poioer for party-pur-
poses, as may readily be perceived by any
who has paid the least attention to the fac

3G4

tious cupidity, with which ihoy have evei
pursued every scheme caculated to give force
or weight to that exclusive system of gov-
erninent which they have so long aimed at.
The refusal of his majesty to renouuce all
control over the estaiesof the Jesuits, formed
a prominent feature in the petitions of griev'
auce presentedjlast year to the King and par-
liament ; and the petitioners had the singu-
lar audacity to draw a parallel between "Za
vnmijicence des Rois de France'* — the munili-
ceuce of the Kings of France — in giving a-
way these estates, and the stuborn parsimony
of his Britanuick Majesty in withholding
them from their original destination." This,
we think, was carrying the freedom of pe-
titioning as far as it could decently be car-
ried ; and, without wailing to express an
opinion of conduct so gross and insulting,
we beg leave to ask the Canada Committee,
^s it has been called, on what grounds they
have presumed to recommend the surrender
of the Jesuits' estates, while they admitted
and "lamented that they had not more full
information?" As we do not think that the
Canada Committee will be able to give a
satisfactory answer to this or any other ra-
tional question that may be put to them from
this side of the Atlantick, we shall conclude
this part of our subject by merely observing,
liiat as the Jesuits could at no period, and
under no civil government hold any immove-
able property in Canada with any kind of
destination, and, at all events, as their lands
l>ecorae vested iu the King by right of con-

4ae5t, so his Majesty and his goveromeHt
will do well never to surrender these lands
to the Assembly until, by the cultivation of
different sentiments upon this and a variety
of other questions, they prove themselves
vrorthy of a tj-ust the value and importance
of which they do not at present seem to com-
prehend.

In the same resolution the Assembly pray
** His tiXcellency to take into his serious con-
sideration the a^arw excited among the in-
habitants by the report spread abroad on
subject of the property of the Church of St.
Sulpice, at Montreal, which tended to create
a belief, that the property which this estab-
lishment has quietly enjoyed under his Ma-
jesty's government, for more than sixty
years, might pass into other hands." This
is, indeed, great cause of alarm to such a
body as the house of Assembly, who cannot
conceive why any establishment supposed
subservient to themselves, however bad their
title, should be disturbed, even the length of
giving offence to prejudices the most rooted
and bigoted. We maintain that the Church
of St. Sulpice has already remained too long
jn the undisturbed possession of property
which does not, and never did, of right, be-
long to it ; and, if not positively dangerous,
nothing can bo more blighting to the real
happiness and posterity of a state especially
a commercial one like ours, than extensive
territorial property being held by ecclesias-
tical communities. Bodies of this descrip-
tion ought never to be allowed to possess

\66

property, except for the maintenance of theis'
own sacred institutions ; for, to say not a
word of its incongruiij', nothing can be more
detrimental to the rights and energies of an
enterprising secular people than the shackles
of religious communities. Th.'.e can bono
sympathy between them. The one is grasp-
ing the other free and generous : and noth-
ing can possibly reconcile them but a separa-
tion bounded by a just distinction of their
.individual avocations and pursuits. Mon-
treal has suffered much, both in wealth and
prosperity from the pretended Seignorial su-
premacy of the Church of St. Sulpice ; and
the sooner that supremacy is withdrawn and
placed in the legitimate possession of his
Majesty, the better for all parties, and the
country at large. No clashing is so harsh as
that of clerical and secular interests when
they relate to matters of this world ; and it
behooves every good christian and citizen to
avoid it. It is this that has brought so much
misery on mankind ; but we hope the con-
flict is over. Ancient Rome was destroyed
by faction and tyranny : modern Rome by
avarice and bigotry. We believe the church
of St. Sulpice herself is not unwilling to re-
sign any pretensions that she may have had
to secular property in the island of Montre-
al ; at any rate, the candour and liberality
•with which she has entered into negotiations
with his Majesty's government on this sub-
ject,do her infinite honour. It would be well
for the interests of the province at large if
the house of assembly possessed one grain- of

S&7

}ier meekness chrlstaiii forbearance and mag-
nauimity. If this were the case we should not
be under the necessity of corabatiag, as we
are now about to do, the unfounded preten-
sions gratuitously set up by the Assembly on
the part of the church to the property in
question. Our arguments we shall draw
from the same source as those with respect
to the estates of the Jesuits ; and, we have
no doubt, with equal success as to the result.
"It seems to be pietty clear, says Marriott,
in his plan of a code of laws for the province
of Canada, that any religious communities,
who, as principals at tbe time of the conquest,
were not Inhabitants^ resident in person, do
not fall under the privilege of the Capii'M/a-
tion, nor come within what is termed by tho
civilians, the casus fcsdris., so as to retain the
property of their estates under it; because
they were not then the local objects to whom,
as a personal consideration for ceasing their
resistance and on account of their particular
courage or distresses, the conquerors granted
terms of special favour ; neither could they
retire according to the treaty and if they
could not retire, they could not take away
their persons and estates; therefore, if it is
true in fact, that any estates are now held
under the grants of foreign religious com-
munities, either in under tenancy, or in trust
for them, or by deputation such as the Jesuits
and the Ecclesiastics of the Seminary at St.
Sulpice at Paris, that fact is very impor-
tant. The community of the latter are the
temporal lords of the most fertile part of

368

Caaada, and a city dedicated to the Virgia
Mary ; they have an influence there equal
to the power of the Italian Clergy in the state
of the Church or campagna di Roma.

*• The parishes in the isle of Montreal and
its dependencies, says Charlevoix, are still
upon the ancieutffooting of moveable priests,
and under directions of the members of St.
Sulpice. They possess a fine and improv-
ingestate of eight thousand pounds sterling a
year at Montreal, and which will in a few
years be worth ten thousand pounds. If all
the facts are clearly established, as stated,
it is a great question of law, whether these
estates are not now fallen to your Majesty,
of whom the under-tenants and possessors
must be intended to hold them as trustees, for
such uses as your Majesty shall declare.

" It is in proof l)y several deeds of estates,
(it is immaterial whether before or after the
conquest) that the religious living in the
seminary of Montreal are merely negotiorum
gestores ; they are so described in several
instruments of conveyance, which Mr. Ma-
zeres has perused in the course of business.
The conveyers are said to be Fondez de lu
'procuration de Messieurs les EccJesiastiques
du Seminaire de St. Sulpice a Paris. It ap-
pears according to Mr. Lothbiniere's own
words, that before the conquest the semina-
ry of St. Sulpice at Paris, was a voluntary
partnership among a number of clergy at
Paris, who had engaged together in buying
and selling ; that the joint house at Men -
real had a share in the joint house at Paris,

369

in a sortof morcantilo way and an opeo ac
count. That after the conquest they disolv
cd the partnership, because the house at Pa-
ris could not have any right after the con-
quest in the effects and estates in Canada ;
they at Paris (says Mr. L.) transferred (what
therefore they could not transfer, having at
that period, as ho admits, no property in the
estate, and only a share) the whole in Mon-
treal to the religious there, who probably
were not (vraisernblablement,says Mr. Loth-
biniere,) attornies of those at Paris; and this
was done by the latter upon paying a com-
pensation, being the difference of the account
upon a balance. This, after all, is oui dire,
as he says be has heard and believes ; and it
stands against the evidence of Mr. Mazeres,
if it were contradictory ; but it approves
manifestly, that the Religious at Montreal
have only a coloured and ostensible title.
There is also the evidence of a gentleman of
undoubted veracity and knowledge, who
having had transactions with father Magul-
phi, the person acting in the colony for the
community of St. Sulpice at Paris, with a
view to some purchase, the real proprietors
w^ere forced to come forward, and the un
certainty of the title broke off the negotia-
tion. The evidence of Charlevoix alsomay
be added. In 1657, says he, the Abbe Q,ue-
lus returned with the deputies of the semi-
nary of St. Sulpice at Paris, to take posses
sion of the island of Montreal, and to found
a seminary there. IJy tho French law it is
clear, that no persons, aliens not being nat

170

uralized can hold lands ; so that by right of
conquest, agreeable lo Mr. Lothbiniere's own
idea, for want of owners domiciled at the
lime of the conquest, these estates may be
understood in point of law to he fallen to the
Crown in righ t of Sovereignty.

We have thus, we think, also made out a
clear and strong case against the Assembly
30 far as respects their pretended right of su-
perintendence over tha Church or Semina-
ry of St. Sulpice at Montreal. We have
proved, that whatever the "■ alarm,^^ of the
Aisembly maybe in consequence of the "re-
forts spread abroad,^^ \a Ye\&lioQ to this sub--
ject the crown has a just right both by con-
quest and inheritaoce not only to enter into
any negotiations that it may think proper
with the present occupiers of the temporal
property of the seminary, but to assume the
actual possession of that property with as
little delay as the forms of legal proceedings
c^u admit of. When this is done, ihe As-
sembly will find how vain and weak it is in
them to presume to arbitrate gratuitously in
every matter and thing ia which the rights
of the Crown, or the interests of the sub-
ject may be concerned. This, perhaps, is
one of those claims which ^Sir George Mur-
ray does not conceive ought to be yielded to
the Assembly or their adherants. At least,
ive have no doubt it will be found to be so in
the long run.

Connected with this subject are the Res-
.olutions* voted by the Assembly with res-

■ The House in Committee passed the fol-

371

pect to the waste lands of the crown in the
neighbourliood and District of Three-Riv-
ers. These lands, but especially that part

lowing resolutions, which were reported to
the House and concurred in, and an address
voted to His Excellency founded on them.

Resolved, 1. That throughout the greater
part of the tract of country on the north side
of the River St. Lawrence, extending from
about five leagues above, to about five leagues
below the town orborougij of Three-Rivers,
the lauds conceded, settled, and partly under
cultivation, be within the distance of one
league or less from the said river, reckoning
from the bank thereof to the rear of the said
lands, and that the concessions extend to a
somewhat greater distance only in the fiefs
and seignores of Tonnancour or Point du
Lac, of Cap Magdeleine and Champlain.

2. That the tract of country on the north
side of the river lying in the rear of the lands
now conceded, settled, and partly cultivated in
the vicinity of Three-Rivers and in the seign-
ores aforesaid, there is found immediately ad-
jacent a tract of land of more than sixty
square leagues, •which would be susceptible
of being cleared, cultivated, and settled, if it
were conceded to the inhabitants and actual
settlers of the vicinity of Three-Rivers, who
have for a long time past prayed for grants
of land in the said tract, and who have up to
the present time vainly endeavoured to ob-
tain them.

3, That the obstacles presented to the set-

372

of tliem comprised in the lease of the Forges
of St. Mauric^ seem a great eyesore to the

tlement and cuftivationof this tract of l%pd
have essentially impeded the progress of in-
dustry, and above all that of agriculture in
the district of Three Rivers, and of the re-
sources of the town or borough «f^ Three-
Rivers in particular.

4. That one of the most powerful of these
obstacles is the great extent of land, com-
prised in the lease of the Forges of St. Mau-
rice.

5. That it is necessary to take immediate'
steps for the removal of the obstacle to the
granting and clearing of this tract.

6. That it would be expedient to adopt
measures to promote the settlement of that
portion of the Province lying north of Que-
bec, now under the name of the King's posts,
now uncultivated,by making grants to actual
settlers, and for the purpose of encouraging
free trade and industry therein.

Mr. Viger, reported the following answer
from His Excellency to the address on the
subject of the waste and unconceded lands
in the leases of the Forges of St. Maurice
and King's Posts :

Gentlemen : — Having every desire to pro-
mote the cultivation and improvement of the
province, you will assure the House of As-
sembly that my attention shall be given to
the removal (as far as may depend on me,)
of any impediment! that mav appear to me
to exist to the formation of tfew settlements

S7S

House of Assembly. But the reason is oh
vious. Perhaps the Assembly conceive that
iheirelectioueering influence is act sufficient-
ly extensive in that part of the country. Yetj
wittiSut having recourse to the Ahnanack,
we believe that the Solicitor General is tius
only Constitutional member returned by
Three Rivers. But this is enough ! . The
House has"*often felt the vi'eight of Mr. Og~
den's metal : it has too long been writhing
under it ; and too frequently blenched from
the force of his opposition and raillery. Wc
are not, however, sui^ciently acquainted
with the village politicks of that part of the
province to enable; us to go into details. Ir;
ss enough for us to know, that nothing W'hich
the art, the intrigue or the perseverance of a
faction can effect will be left untried by the
Assembly in order to gatin possession of all
the influence and power vested by the Con-
stitution and the rights of conquest io the
2rown. The resolutions set forth, that there
is a great scarcity of land in the neighbour-
tiood of Three Rivers, and that nothing has
tended more to inapede the progress- of in-
dustry and agriculture in the District of Three
[livers than the obstacles presented to tho
ietilement of the crown-lauds, but in partic-
ular those comprised in the lease of the For-
ces. Now, nothing can be more absurd and

n the tracts of land mentioned in this Ad
Iress.
Castle of St. Lewis, ?
March 3d, 1889. <

374

iii-founded ihau such a statemetit. Com
pare for a inomeat the amount of the pojDU-
latioD of the District iu question uith the
extent of its territory, and you will see at a
glance, that, were the population a hundred
times more than it is, there would he an ad-
equate and sufficient quantity of lands with-
out any interference with the crown-lands
and those belonging to the Forges, which i;
a mere bagatelle comparitively speakinp;
Look abroad towards the Townships am
Jjehold the vast extent of uuconceded territory
lyiup; waste and idle there. But the croivdcv
population of Three Rivers will not travci
so far ; the English language is spoken there ;
the roads are too bad, and that Demon of the
woods, Judge Fletcher, will immolate on
the altsr of justice every man who does not
properly respect the laws ! Oh no ! The
Canadians must have lands at thei: cioors
whenever they want them ; they must not
—they cannotleave the old seignioral neigh-
bourhood ; they mrsthave the oncicnt tenure
mi^ les aecGursde la Religion,* and the c .res
themseives, Ilka true pastrol guprdiaxis «"aii-
iiot consent to a separation from their il )'. ks,
as any one who peruses their letters to the
special committee of the Bouse ci'Asserjbly
on the crowm lands will clearly see. "Do
any of the labouring classes go and establisii
themselves iu the Townships conceded in
vree and common soccage, and if t>:ey do

*Vide Letters des cures printed by the As-
sembly in 1823,

not, to what, cause do you attrlhute it l" say
the Assembly. '' Maoy of my young men,"
answers tiie cure of St. Aiiiie, "go and es-
tablish themselves in the seigniories of the
Districts of Montreal and Three Rivers ; but
I kno->v of none who have established thom-
seives in the Townships. This I attribute,
iu my humble ojiicion, to two principal rea-
sons, first, because of the distance they woukl
find themselves from religious assistance (lef
occours de la Rtligion ;) and, secondly, be-
cause of the tenure and conditions of th-'-;
concessions ia free and common sooeage!'"
The cure of St. Joachin, after alluding to tiic
litter privation in the Townships of all re-
ligious assistance, says "because, as thing-
are there, they oould not have a Catholic es-
tablishment; but it would not be so, wert'
these crown lands conceded in Fiefs.'''' Tho
Cure of Narville ^'epbrts, that many are afraid
of taking lands i.: ho Tc vnships ^'•fromthc
dread of expatriating themselves. The -words
which a Cure of the name of Paincliaud
puts into the month of his people are re-
markable; "It is christian prudence thus to
expose the salvation of our children ? — It is
notorious that every advantage is for the
Protestants, and every disadvantage for us ;
let MS DO longer be told that the Government
is just and Impartial !" The Cure of St.
Roch des Auleots says, " We should have
to submit to pass our whole life among Stran-
gers, brought up differently from ourselves,
and possessing a different religion from ours.'"
'^ We would rather see ouv children aiuays

\7Q

■pQor, or at a great distance from us, if only
settled in a Seigniorie, than to see them
loaded with riches in the midst of such dan-
gers 10 ihe'iv education and religion.^'' *'The
Canadians will not settle in the Townships,"
says the Cure of St. Genieve, " until they
can be assured of having French Canadians
for neighbours, with whom ihey could freely
communicate." The Cure of Boucherville
says, "that the Canadians must not be drown-
ed among too great a number of Strangers.''^
The Cure of St. Leon speaks boldly and
without reserve. Alluding to the times pre-
vious to the conquest, " he characterizes
them as " those happy times— that golden
age of Canada." We know not how old
this venerable father of the church liiay be ;
but we presume, that, like the Apostle Paul,
he was born as a man out of due season.
*' In those happy days," continues he, " the
colonists were attached to their king and
country ; hut now it is quite the contrary /'^
We shall only add the words of one more
Cure, who says, " the few young men who
take new lands, prefer them close to their
parents and friends however bad the soil
may be !"

What a dreadful system of ignorance,
prejudice and bigotry is this ! Is there any
other country under heaven where such a
state of things could be tolerated ? Is it pos-
sible that this province can prosper while
such is the spirit that governs at once the
people and their instructors? They will
have no lands at a distance, but must be pre-

sented with them at the doors of iheir fa-
thers, and that en Seigniore! What apathy
— what indolence — what thorough-going in-
difference to enterprise and; independence
whilst thousands from other countries cross
seas and traverse continents — abandon for
ever tb© country of their birth, the soil of
their fathers, their religion, their laws and
all the endearing ties of kindred and friend-
ship in search of what the Canadians refuse
and despise even in their own native country
and at their doors. This has been the bane
of this province ever since it has been a prov-
ince. Afraid to lose sight of the hearth
whereon they were born, the people have
burrowed together on the margins of the
lakes and rivers, like so many rabbits and
beavers until the community has at last be-
come so numerous as to leave little more room
for a family than thearea of the wretched hut
which shields them from the inclemency of
the weather. Nor will any thing induce
them to remove to a distance in order to
make room for one another, and establish
their families on a new and wilde'* range of
industry and enterprize. Nothing ministers
more to this unfortunate state of things than
that hideous and destructive law of partition
which prevails in the country — a law which
at once annihilates the moderate laudable
ambition natural to man and that spirit of
honesty, freedom, and independence of seig-
nioral and ecclesiastical rule which should
ever characterize an agricultural people —
acd a law which, we sincerely regret, has

578

not been more particulnrly referred to by
ihe true friends of Canada in the late dis-
cussion of our affairs in parliament. Al!
writers agree in deprecating this law ; and
nothing has been more detrimental to the
French Colonies, as an obstacle to the clear-
iagand cultivation of more lands, than the
law of partition, as it now exists in this prov-
ince. Its injurious effects are so strongly-
painted by the Abbe Rayyial, that we cannot
refrain from citing his opinion and observa-
tions at large as conclusive on this subject.

" It is scarce credible, that a law, seem-
ingly dictated by nature ; a law which oc-
cur? instantly to every just and good man ;
whichleavcs no doubt on the mind as to its
rectitude and utility, it is scarce credible.
ihatsuch a law should sometimes he prejudi-
cial to the preservation of society, stop the
progress of colonies, divert them from the
end of their destination, and gradually pave
the way to their ruin. Strange as it may
seeiii, this law is no other than the equal di-
vision of estates among children or co-heirs.
This law, so consonant to nature, ought to
be abolished in America.

" This division was necessary at the first
formation of colonies. Immense tracts of
land were to be cleared. This could not be
done without people ; nor could micu who
had quitted their own country for want, bo
any otherwise fixed in those distant and de-
sert regions, than by assigning them a prop-
erty. Had the govei'nment refused to grant,
them lauds, they would have wandered a-

379

bout from ouo place to another ; they would
have begun to establish various settlements,
and have had the disappointmeut to find,
that none of them would attain to that degree
of prosperity as to become useful to the
Mother Country.

'•But since inheritances, too extensive at
first, have in process of time been reduced
by a series of successions, and by the subdi-
visions of shares to such a compass as renders
them fit to facilitate cultivation ; since they
have been so limited as not to lie fallow for
^vant nf fjauds proportionable to their ex-
tent, a further division of lauds would again
reduce them to nothing. In Europe, an ob-
scure man who has but a few acres of land,
will make that little estate more advantage-
ous 'o him in proportion, than an opulent
man will the immense property he is pos-
sessed of, either by inheritance or chance.
In Araei-ica, the nature of the productions,
■which were very valuable, the uncertainty
of the crops, which are hut fe^v in their kind;
the quantity of slaves, of cattle, of utensils
necessary for plantation ; ail this requires a.
large stock, which they have not in some,
and will soon w^ant in all the colonies, if the
lands are parcelled out and divided more
and more by hereditary successions.

*' If a father leaves an estate of thirty
thousand livres, or £1312 lOs. sterling, a
year, and this estate is equally divided be-
tween three children, they will be ruined if
they make three distinct plantations ; the
one, because he has been made lo pay tao

380

mucli for the buildings, and because he ha?
too few negroes, and too little laud in pro-
portion ; the other two, because they must
hmU\ before they can begin upon the culture
of their laud. Tliey will all be equally ru-
ined if the whole plantation remains in the
liands of one of the tbree. In a country
whore a creditor is in a worse state than
any other man, estates have risen to an im-
moderate value. The possessor of the
whole will be very foriunato if he is obliged
to pay no more for interest than the net pro-
duce of the plantation. Now, as the pri-
mary law of our nature is the procuring of^
subsistence, he will begin by procuring that
Avithout paying his debts. These will ac-
cumulate, and he will soon become insolv-
ent ; and the confusion consequent upon
such a situation, will end in the ruin of the
whole family.

*'Tho only way to remedy these disor-
ders, is to abolish the equality of the division
of land. In this enlightened age, govern-
ment should SCO the necessity of letting the
felonies bo more stocked with things tbari
with men. The wisdom of the legislature
will, doubtless, find out some corapensatioa
for those it has injured, and in some meas-
ure sacrificed the welfare of the community.
T/ie;v ought to he placed on fresh lands, and to
subsist by their own labour. This is the only
way to maintain this sort of men; and their
industry would open a fresh source of wealth
5,0 the state."

This is true philosophy ; yet the system it

doprccatcs is that which obtains throughout
iho whole of the seigoioral hiu<]s in this prov-
ince ; and, however desirable, no attempt has
hitherto ever been made, by the introduc-
tion of primogenial laws, or otherwiHC, to
get rid of an incubus which retards indus-
try and presses the people to the very dust-
But besides the evil effects of this law in res-
pect of industry and cultivation, its demoral-
izing consequences are doubly alarminp;.
There are many parishes and seigniories in
this province, wliich, twenty or thirty years
ago, were occupied by a sober, industrious,
and moral yeomanry, who are now in con-
sequence of the partition laws, infested with
a rabble peasantry the most dissolute, dis-
sipated and indolent — a brood of young ras-
cals who are too lazy to work and too proud
to beg — who destroy the peace of society by
the evil efFects of idle habits, and break the
liearts of their very parents by claims the
most wanton and unjust upon their lands
and other property. We appeal to every
lawyer in the province, whether it is not
a common thing, arid almost a matter of
every day's occurrence, to see father and
son, mother a ri,d daughter, in hostile and 07)-
posing attitudes on cither side of the bar ?
if this systetn continue, by the young men of
the country being either prevented or dis-
couraged from establishing themselves at u
distance from their fathers on free and com-
mon soccage lands, this province from be-
ing the most peaceful and moral in the Brit-
ish empire, will become tho most wretched,

S84

Crown, ia all the might of its power nod
prerogative, could not do this, without hav-
ing recourse to a process so tedious, and
measures so dilatory as at once to ruin the
"works and destroy their acknowledged utility
in the country. But, fortunately, the senti-
ments of the crown are no more in unison
with those of the Assembly with respect to
this subject than many others ; and the in-
tegrity of the lands around St. Maurice has
ever been an object of care and attention on
the part of government. Every governor
who comes to the country is instructed to
this effect. This the Assembly are well a~
w^are of, for their own journals bear witness
of the fact ; and, therefore, no one can be at
a loss to discover at once the insolence and
impudence of their beggarly addresses with
respect to tiiese lands. The following are
the Instructions to Lord Dorchester ; and
tliough we have no access to the archives at
Quebec, yet we believe we are correct in
asserting that the present instructions are in
the same terms : '• And whereas it appears
from the representations of our late Governor
of the District of Three-Rivers, that the
Iron Works of Saint Maurice, in that Dis-
trict, are of great consequence to our service ;
it is, therefore, our will and pleasure, that
'iio part of the lands -jpon which the said Iron
Works were carried on, or froni Avhich the
ore used in such works are procured, or which
shall appear to be necessary and convenient
for that establishment, or for producing a
necessary supply of wood,'coru and hay, or

for pasture for cattle, be granted to any pri
vate person whatever ; an'.', also, that as large
a District of land as conveniently may be ad-
jacent to any lying round the aaid Iron Works
over and above what may be necessary for
the above purposes, be reserved for our use,
to be disposed of in such manner as we shall
hereafter direc: and appoint."* We think
it would be quite superfluous to say more on
this topick.

We have aiieady said somewhat on the
subject of the education ; and were about to
treat of it more at large in this place in de-
fence of the lioyal Institution from the ca-
lumnies of the House of Assembly; but at
the moment the (Quebec Gazette of the IfJth
of April, containing a most able and excel-
lent document on this sulrject, was put into
our hands, which wo anake no apology for
pre'eoting entire to our readers. They will
learn from it, that there is no institution,
however pure and respectable — no charac-
ters, however sacred and unimpeachable,
that can escape the malice and derision oi
the Assembly. Will the country never learn
the extent and danger of the pretensions oi
this faction ? The following is rhe substance
of the document alluded to, as addressed by
the Board of the Royal Institution to His
Excdkncy Sir Jaraes Kempt.

It commences by stating, that the Board
of the Royal Institution for the advance-

*Vide Journals of the Assembly for 1823
Appendix T.

384

Crown, ia all the might of its power and
prerogative, could not do this, without hav-
ing recourse to a process so tedious, and
measures so dilatory as at once to ruin the
•works and destroy their acknowledged utility
in the country. But, fortunately, the senti-
ments of the crown are no more in unison
with those of the Assembly with respect to
this subject than many others ; and the in-
tegrity of the lands around St. Maurice has
ever been an object of care and attention on
the part of government. Every governor
who comes to the country is instructed to
this effect. This the Assembly are well a~
ware of, for their own journals bear witness
of the fact ; and, therefore, no one can be at
a loss to discover at once the insolence and
impudence of their beggarly addresses with
respect to tliese lands. The following are
the Instructions to Lord Dorchester ; and
though we have no access to the archives at
Quebec, yet we believe we are correct in
asserting that th? present instructions are in
the same terms : " And whereas it appears
from the representations of our late Governor
of the District of Three-Rivers, that the
Iron Works of Saint Maurice, in that Dis-
trict, are of great consequence to our service ;
it is, therefore, our will anil pleasure, that
710 part of the lands 'jpon which the said Iron
Works were carried on, or froni which the
ore used in such works are procured, or whicli
shall appear to be necessary and convenient
for that establishment, or for producing a
necessary supply of vvood,~cora and hay, or

385

for pasture fur cattle, be granted to any pri
vate person whatever ; an<! also, that as large
a District of land as coavenientlj' may be ad-
jacent to any lying round the said Iron Works
over and above what may be necessary for
the above purposes, be reserved for our use.
lobe disposed of in such manner as we shall
hereafter direct and appoint."* We think
it would be quite superfluous to say more on
this topick.

We have already said somewhat on the
subject of the education ; and were about to
treat of it more at large in this place in de-
fence of the Royal Institution from the ca-
lumnies of the House of Assembly; but at
the moment the (Quebec Gazette, of the 16th
of April, containing a most able and excel-
lent document on this subject, was put into
our hands, which wo inake no apology for
pre?enting entire to our renders. They will
learn from it, that there is no institution,
however pure and respcctal)le — no charac
ters, however sacred and unimpeachable,
that can escape the malice and derision of
the Assembly. Will the country never learn
the extent and danger of the pretensions of
this faction? The following is rhe substance
of the document alluded to, as addressed by
the Board of the Royal Institution to His
Excellency Sir James Kempt.

It commences by stating, that the Board
of the Royal Institution for the advance-

*Vide Journals of the Assembly for 1823:
Appendix T.

3 So

niont of Learning ia this proviooe, sensible
of the iuiportauce of their not being allowed
unjustly to su'ier in public estimation, and
aware, at the same time, that injurious and
imfonnded impressions have been propagat-
ed ahroad respecting theh' principles and
proceedings, and have found admission with-
in the halls of Legislation — feel it incum-
bent upon them to approach His Excellency,
in the aesire to lay hefore him a simple state-
ment of facts, and in the consciousness ibat
such a statement is all the advantage which
they can wish for, when appealit^g ro a judge'
whose impartiality and candour arc so well
known to the public at large and so fully ap-
preciated by ihcniselvcs.

The animadversions Vvhich have been
passcc] upon the Board, amount in brief to
ihis — that their p- ocoediugs have been cha-
rncterized by aa exclusive- spirit as it re-
gards dilYerence3 of Religious belief; that
tbvy ire thriDselves in a great measure per-
sons in charge of the interests of the Church
of EuiL^land, and that it has been their aim
and siudy to rendv^.r the interests of Educa-
tion '.vhich constituted the direct and proper
object of their duties, an engine to subserve
their parly views. .-

These are reflections of n: rave description;
— but they have been often cast and as often
convincingly disproved, and as an answer
to them in a general way, the Board have
sil :nii^ed tu His Excellency the following
cxtr.-Jt from a Petition addressed to His Ma-
jesty in the year ISSj.

c)d/

EXTRACT.

••That however deeply youi* Majcvi/h
Petitioners may deplore the alienation ofTeel-
iugo which is here," (i. e. lu public documents
to which the allusion is made,) shewn to sub-
sist, they have the fall consolation of reflect-
ing that in all the proceedings connected wiih
their Institution from first to last, ihey have
D8ver once either individually or collectively,
alTorded the slightest ground for any suspi-
cion or distrust of their designs.

'• That if it so happens that that part of
the corporation of the Royal Institution
■which consists of Ecclesiastics, is exclusive-
ly Protestant, the failure of your iMajesty's
gracious iatentious. in this point, is in no
way whatever, ascribable to your Slajesiy's
Petitioners, — the Bishop of the Roman Ca-
tholic Church in Canada, having, in the first
instance, assigned as impediments to his ac-
ceptance of the trust, some scruples of ecu-
science which your Majesty's Pelitioners are
perfectly ready to respect, but the effe-cts of
which they esteem it solne hardship to find
visited by any other party upon themselves.

"That if it also happen that aniongst the
Parish Schools w^hich are under the control
of the Royal Institution in this Province, and
supported by the annuaK bounty of the Le-
gislature, those in ihe Ptoman Catholic Pa-
rishes are reduced to a small number, whicL
is still diminishing, and are falling on' from a
flourishing condition,— the cause is to be
found in the operation of similar scruples ia
the minds of the Cures, who are known to
be unffieiidlY to a connexion with the lusti-

388

tiition, aud wlio bave, one by oue declined
the office of visitors of the schools, whic!) they
have been invariable requested, in duo form,
TO accept, and which would have placed ia
their hands the iinniediato controul and sur-
veillance of the schools in their respective
parishes.

•'That, nevertheless, in this Institution
which is aHlrined to be so constituted as to
oreate jealousy aud alarm among the great
body of your Majesty's subjects in this Pro-
vince, there were, before the recent death of
the Hon. A.J. L. Duchesnay, whose succe.s-
sorhas not yet been appointed, no less than
seven Roman Catholic Members, among
whom is the Speaker of the House of Assem-
bly itself c.ro/^/"c/o, aud the late Speaker, who
is still a Member of that House, and that, so
far from liaviog afforded room for any sus-
picion of projected interference with Reli-
gion or indirect influence upon'it,your Majes-
ty's Petitioners have uniformly felt it to bo
their duty to guard, in the most scrupulous
manner against the shadow of such a suspi-
cion and they challenge the most rigorous
scrutiny that can be instituted upon the sub-
ject; that they have refused the appointment
to a school in one of the Roman Catholic
Parishes to a master whose native tongue
was French, upon the sole ground of his be-
ing a Protestant, and that they committed
exclusively to the Members who belong to
the Roman Catholic Church, the framing of
the Regulations for ihe Schools of that com-
munion.

189

• That under all these circumstance?,
Your Majesty's Petitioners hum'jly conceive
it to he desirable that they should be exone-
rated from all charge or control of the llo-
inaa Catholic Schools — a charge which has
exposed them only to unmerited odium and
afforded to them no opportunity of useful-
ness : a charge, however in the execution of
which they have faithfully done all that was
in their povrer.

" That they therefore pray your Majesty
to provide in such other manner as to your
lloyal Wisdom shall seem best, for the general
superintendance of the Education of your
Majesty's Roman Catholic Subjects in the
country parishes of this Province, and to ex-
tend your bounty for the extrication of Your
Majesty's Petitioners from the state of em-
barrassment and destitution in which they
are placed."

To these statements which were laid before
the Throne, the Board beg permission, with
reference in particular, to a letter addressed
by a private Clergyman in the country, ther;
recently from Europe, to a Schoolmaster
in the year 1823, and very lately produced
as evidence of their disposition to render
Education instrumental to Proselytism, — to
add their assurance to His Excellency that
this very letter was at the time proved to
have been written vv'ithout authority and un-
der erroneous information wholly contrary
to the facts of the case, and that means of sa-
tisfaction were furnished upon this point, in
ihe very quarter froa which the charge has

390

now proceeded. The proof that such a
charge was unfounded had been lodged in
the hands, which broughi the documeat for-
ward to support it — and the Board can only
express their surprise and regret,that the au-
thor of the charge could have retained his
original impressions upon the subject.

An opportunity is here taken by those
Members of the Board who happen to be Ec-
clesiastics of the Church of England, to de-
clare that they are far from wishing it to be
understood that they can for one moment
be indiiferent to the rights and interests of
the Protestant Religion or to those oft'aeir
own immediate Communion, but they have
uniformly felt that, as Members of the Roy-
al Institution they act in a distinct capacity,
and in the discharge of a trast imposing ob-
ligations with which their own particular
views should no otherwise mix themselves
than as it is imperative upon them to provide
for regulating the religious part of Educa-
tion, among those who profess an adherence
to their own Church. And they call upon
those who are suspicious of their designs to
produce a single example in which they have
deviated from those principles, or endeavour-
ed to exert the smallest indirect or improper
influence in the fulfilment of their public
duty.

That His Excellency may better judge of
the correctness and candour which have cha-
racterized the representations respecting
their proceedings, the Board crave leave, in
the first place, to refer to a paper anaexed

591

to their representations, (vvhicli is also hero
subjoiDed,) in which they state each specific
accusation that has been pubicly brought
against them, (as far as they are informed,)
with distinct and specific answers on each
poiwt ; and they fartiier proceed to lay be-
fore His Excellency, a few particular instan-
ces which may serve, among oihcr proofs, to
refute the principal charge against them, —
thai in the discharge of their pubHc trust, they
have shewn an exclusive spirit and an undue
preference for the Established Church.

In the year 1824, they recommended to
His Excellency's predecessor in the Govern-
ment the appointment of Mr. Norman Mc-
Lood, a Catechist of the Church ofScotiaud^
to the charge of a School at Williamstowii
in the Seigniory of Beauharnois, — a charge
which he still holds: and in the year 1827,
they procured in a similar way Sir- G. W.
Bruce, a Minister of the Scotch Seceding
Church to be appointed to the School atNew
Loogueil, and Mr. Gardener Bartiett, a
preacher of the Baptist Persua'siouV to a
School in the Township of Potton. In ad-
verting to this part of the subject, the Board
have mentioned the fact, as worthy of re-
mark, that no less than IG Petitions to the
Legislature praying that provision should be
jnade for the continuance of the operations
conducted by the Board, were recently sent
down from the Eastern Townships, signed
by 387 persons of all Religious Deuomina-
tioas who concur in stating their entire sat-
isfaction with the management of the Schools

392

nod tlieir earnest desire that it moy uot pass
into other hactds.

The Board declare themselves to have felt
these reflections the more,-— ;/ns^ because
they are publicly staled to have proceeded
from persons holding seats at the Board, and
thence possessing the means of acquiring a
correct knowledge of the facts, from whom,
consequently, it might rather have been
hoped that they would prevent or correct er-
roneous impressions, than sufler themselves
to become instrumental in diftusiug them ;
and, secoihUy, because the Board are pre-
pared to shew that through a series of difli-
cultios and discouragements they have suc-
ceeded in cflectiuff great and undeniable
good, in the promotion of Education, chiefly
among the inhabitants of the more newly es-
tablished parts of the J*roviuce, who com-
manded the smallest means for effecting
that important object themselves. They
conclude by saying that " Through evil re-
port and good report" they have held their
even course — correcting many abuses, — sup-
plying many destitute settlements, — render-
ing as diftusive as was practicable the re-
sources placed at their disposal, — and pro-
gressively advancing in the confidence and
respect of the people where their endeav-
ours have been suffered to take effect. — And
in this course, so long as they are enabled
by the countenance of His JVlajesty's Gov-
ernment and the Provincial Legislature to
proceed at all — tiiey assure His Excellency
that, with the blessing of Providence, J^
will persevere to the last.

SOS

ALLEGATIONS AGAINST THE ROV
AL INSTITUTION.

I . " That for the purposes of Pro3clytI<>m
'• the Royiil Jnstitutioa have attempted l<>
'* force Protestant Schoohna^steris ou the Ko
"man Catholic Parishes."

Aravjtr. — Tfie Royal IrjstitutioD have nev-
er sent Protestant fcchoolinasters to thf;
Schools in ibe Canadian pari'fihes, or where
the tna.jority of the children to be taught
w6ro of the Roman Catholic persuasioa :
but they have felt themselves perfectly jus-
tified in sending Protestant schoolmasters to
leach in places where there Vt^ere a suflicient
number of Protestant children to form a
school, although there might also he Roman
Catholic children in these places : such in-
stances however have been very rare ; and
there are perhaps an cjual number of cases
"tvhere they have sent Roman Catholic mas-
ters to schools where there was an intermix-
ture of Protestant children. Of the twelve
schools in the Canadian and Roman Catho
lie parishes which fell under their superio-
tendence. there is not one to which ihey
have appointed a Protestant master : if it
be alleged, that they have sent Schoolmas-
ters of the Church of England to schools
where there were many cijildren of dissent-
ers, the Royal Institution aver that they have
indifferently appointed Protestant master-
to schools of this description, without con-
sidering of what particular persuasion they
might be, and without regard to any othe.

394

fjualification or recornmeudation litati llicir
moral fitness aud their attainments, nndthat
in some instances they have actually ap-
pointed Dissenting Ministers as masters of
these schools.

2. That the Royal Institution have not
allowed the inhabitants of the country any
influence in liie appointment of Masters or
of Trustees, or in the management of
schools."

Answer. — The Royal Institution have al-
ways nominated as Trustees such persons
as the inhabitants recommended, or whcrq
there; v/as no such particular recommenda-
tici:., the most respectable and influential
among those who have applied for the es-
tabli/jhraent of schools. In the nomination
of ScOoolmasters, it has been their rule to
j;ive a preference among candidates, to such
as were recommended by the people, ifoth-
ej-wi^e well qualified ; they have even in
some cases appointed persons upon such re-
commendation alone, wboai they did not
consider as in all respects the fittest; and
they have cancelled appointments of School-
masters, for no other reason than that they
were not acceptable to the inhabitants,

3. " That they have required the Masters
appointed by them to use in their schoolsj
the religious formularies of tho Church of^
England."

Answer. — By one of the Standing Rules
established by the Board, Schoolmasters are
required, where there is no Church in the
place, to read on SuDjlays to Protestant

395

(•Iiildrcn only such portions of the Service o»
the Church of England as should be pre-
scribed by tbe Board : it will be adaiitted,
that in such remote situations as this rule
has in view, some provision for the religious
observance of the Sabbath is dc Jrablo : that
for this purpose the use of some formulary is
better than to leave it to the discretion ol
the Schoolmaster, lo pray or to preach what
he pleases ; and that it is only in the Church
of England that such a formulary is to f)e
found, containing prayers in which all chris-
tians may join, and a selection of parts and
passages of Scripture suitable to all place-j
and ail understandings ; but the Board have
never rigidly acted upon this rule, nor have
the masters generally conformed to it, and
the rule itself did not contemplate a com-
pulsory attendance even of Protestant chil-
dren, whose parents should on conscientious
grounds object to it.

4. " That they have mismanaged the
funds entrusted to them, that education has-
been retarded by ihcm, and that they have
done more harm than good."

Answer. — In 1819, xvhen the Royal Insli-
t iuon was incorporated thirty-three schook
which had been previously established by
Government, under the act of 1801, fell un-
der their superintendence. It appears by
returns laid befrre the House of Assembly
in 1621, that the number of scholars in those
schools did not exceed 1200, and that the
salaries paid by the Province to the School-
masters amouDtsd to more ihau /^2000, cuv-

396

reiicy. Uuder the management of the Roy-
al Institution, the number of schools has in-
creased to 84, the number of scholars to up-
wards of 3700, and yet by the economy which
the Board have practised, no larger sura is
drawn from the public chest for the support
of these schools, than before.

5. " That the Board feeling at last their
total inefficiency, have now sought the co-
operation of the Roman Catholic Clergy,
and Laity, after long struggles on the part of
the Roman Catholics to obtain a share of
influence in the education of their children."

Answer. — This allegation is attributed Xb
a member of the Board, who knows that the
Board sought the co-operation of the Roman
Catholic Bishop and Clergy, from the very
commencement of their labors; but ttat
having failed in obtaining it, they long ago
manifested their desire to be relieved from
the charge of Roman Catholic Schools ;
^hat, in consequence of this desire, he him-
self in 1823, with the privity of several mem-
bers of the Board, and of the Roman Cath-
olic Bishop drew a Bill for establishiag a
separate corporation, consisting of the Ro- '
man Catholic Bishop and other members of
the Roman Catholic Clergy and .Laity, for
the exclusive superintendence of Roman
Catholic Schools ; that this Bill was sub-
mitted by the late Governor in Chief to His
Majesty with a strong recommendation, that
it should be adopted, which recommendation
w^as rejected ; that in 1826, as soon as this
rejection was known to the Board, they

S97

again sought the co-operation of the Ro-
man Catholic Bishop and Clergy, by pro-
posing to the Provincial Government an ar-
rangement for the formation of a separate
Roman Catholic Committee of the Board,
and in promoting tljat arrangement, they
have made every concession that has been
ask!3d on the partof the Roman Cathoh'cs.

6. " It is further alleged, that the Roya^
Institution has lost the confidence of the
country."

Ansiver. — As long as the Roman Catholic
Clergy shall continue their opposition to the
labours of the Board, or ■withhold their sup-
port, the Royal Institution must feel and ad-
mit that they cannot, have the confidence of
the Roman Catholic population, but that
they have enjoyed the confidence and have
secured the gratitude of the rest of the pop-
ulation of the country, is abundantly proved
not only by the rapid increase of the number
of schools under their superintendence and
by the applications for new schools which
they are constantly receiving from all parts
of the country ; but the direct and unequivo-
cal expression of that confidence and grati-
tude, in numerous Petitions vv^hichhave been
recently addressed to the Assembly, signed
for the most part by Dissenters in the Town-
ships expressing their entire satisfaction with
the measures of the Board, and deprecating
as a public injury any attempt to abridge
their resources or labors.

In the name of heaven, let these brawling
Romaa Catholics have a Ptoyal Institution
^ 22 ■ -

m

«f their own, and teach their brats accord^
m^ to their own notions aotl tenets. It is
invaia to "rnagiue thai they will ever joia
the present institution whilst they have the
House of Assembly to advocate their cause.
Any Institution, whether Royal or Plebeian,
having the Bible ancl the English language
for its oV)joct, may lay its account to perse-
cution in this province; ancl may be assured
of having overy obstacle thrown in its way
that an ignorant people, and ajealous factious
House of AsscLu.Iy ,^an array against it. But
are we BriUsh suhjecty and Englishmen, in-
habiting a British colony, having the Habeas
Corpvo as the guardian of our persons, and
the British C^>nstiturion as the sheet-anchor
of our liberty, to be told, that, in all Institu-
tions of lear'iiug, the language of Frenchmen
ar/l 'tn Alien u?Jtioo is to have co-equal, if
not paracnoi.pi impoitaDce attached to it ?
We scout the degrading; idea with scorn and
contempt; and therefore trust, that whether
the Cansdians got a Royal Institution of
their own or not, there will ever be in this
province an establishment having for its pri-
mary objects the in.«'^ruction of the English
Language, Loyalty to the King., Attachment
to the C'iistitution, ond the Dissemination of
the Scriptures of Cod !

The conduct of the Assembly with regard
to ♦^he Militia Bill, was no less assumptive
of judicia' authority than destructive of the
jus* prerog&tJvft of the Crown. The Militia
iforceof tl'i Province was first organized in
virtu© of Ordiaances passed in 1787 and

399

; oS>, by llie Governor ^.m] Council of Que-
bec. These Ordinances coijtijjued to be the
law of the country upon this imponani sub-
jeci until 1793, i^'hen, during the second ses-
sion of fbo first Provincial Pailiauietit. an
Act was passed repealing the Ordijiances,
and noaking such furdier provision on the
subject as the situation of the Province rea-
dered necessary ; but ihis act was a tempora-
ry one, and ceased on the first day of July,
1796. This Provincial Statute was renew-
ed from time to time till 1802, vvh-^n by a new
act passed, me Ordinances of 1787 f/ud 1789
wtre again repealed. This is proof positive
that these Ordinances were always consid-
ered as permanent laws by thj IjCgisH+Mre,
and would ever continue to be so in ihe ab-
sence of any subsecsnive lav/ depriving them
expressly of their force, vigour and ex-
istence. Therefore, as no staiute vhs ever
passed subsequent to this second repealing
act having any tendency to disturb tl'^ prin-
ciple established by it, nothing can be more
clear, than that the instant any future Miii»
tialaw shouM expire, the Ordinances were
naturally, and as a matter of course, resus-
citated. Injlfact, all the succeeding acts were
temporary acts, founded on the second re-
pealing act of 1802. In 1SU7, the Militia
Bill sent up by the Assembly to the Legisla-
tive Council, contained a clause foreign to
the Bill, whereby a separate act containing
an appropriation of money for payment oi
the Militia Staff was declared to be nuil and
void though not repealed. A Bill so fraught

400

with danger, and contrary to the King's In-
structions, could notconstitulioually be sanc-
tioned by the Legislative Council ; and it
was accordingly amended and returned to
the Assembly, who refused to proceed on it.
The consequence was, that when the tem-
porary Militia acts expired, the Ordinances
revived : and had the Governor-iii-Chief,
Lord Dalhousie, not pvan due notification
of this event to the publick, and, in his ;>f-
ficial capacity, called the attention of the
Province to these Ordinances, the country
would have been wholly deprived of the
most necessary and constitutional safe-guard
known under our Constitution of Govern-
ment. Nothing can be more demonstrative
of the true character of a people than tlieir
obedience to the laws. Nothing reflects
greater honour on the character of the peo-
ple of this Province than the readiness with
which they submitted to the duties imposed
upon them by laws framed at a very un-
settled period of our history, and at a time
when the Government of Canada had scarce-
ly emerged from the ordeal of its military
and feudal origin, notwithstanding the fac-
tious and seditious opinions circulated a-
mongst them by the newspapers and other
emissaries of the leaders.

Towards the conclusion of the lato Ses-
sion, a new Militia Bill was sent up to the
Legislative Council by the Assembly ; but
strange to tell, this bill also contained a
clause so monstrous, and so sweepingly de-
structive of the prerogatives of tile Crown

401

aud the most elemeniary principlefc of con-
stitutional legislation, that the Legislative
CouQcil struck it out at once. This clause
iiee(J only be perused lo be condemned :

" Provided always, and bo it further en-
acted by the authority aforesaid, that noth-
ing in this Act contained «bai] extend or be
construed lo extend to revoke or annul all
or any of the comrnissious of the different
Ollicers of Militia appointed in this Prov-
ince prior to the first day of May \>hich was
in the year of our L rd 1827, the Jiaid Com-
missions being couforrnable to the provis-
ions of the said Acts, hereby revived and
continued in respect to the qualification and
residence ; and provided always, and it is
hereby declared and enacted by the author-
ity aforesaid, that ail Commissions or chan-
ges of Officers of Militia, issued or made
subsequently to the said first day of May, be
and the same are hereby revoked and an-
nulled, till such time as further provision be
made therein by the Governor, Lieutenaul
Governor, or person adminisiering the Gov-
ernuient for the time being."

Let it be remembered, that shortly after
the Ordinances of 1787 and 1789 came into
force in 1827, a great deal of insubordina-
tion and refractoriness took place among
the Officers of the Miliiia ; a set of men
bound by every tie of civil and military law
to exhibit a pattern of peace and obedience
to those placed under their immediate com-
mand. No country could be safe — no ser-
vice could be either effective or honuurabla

402

%vhh the participallon of ?.jch men, Tbcf
W"; o. therefore. ve^V properly di^niis^ed;
ood ' thers nio:^ Xoyh.'. aad obedient appoiDi*
ed in toeir place. These dismissals -ire
mridea s :bject of cooplaiut la ihe Ptitions
of Grievance ; e-od are to this day a subject
of irksone rdection to ths Leaders and
the'" disraissed patrons. There is no prin-
ciple of our Coustirjlna b'.^ter eetitHishbd,
than Iliac the King unay call into and iisrniss
from his service, eit'ur civil or military, at
pleasure, whom he will. Y^% the Canada
CoQiii)ittB6 and the Assembly presume tp
thiak other^vise; th-^ latier, by the clause
r^L;;v3 cttod, attempting not ooly vo re-hp-
poiat the dismissed officers, bu; to rev:>kc
cV3.d a,un'.7l "all cumMissions or changes of
Officf ''^' of Militia, issued f r matL subse-
q.s." iJiiy to the s&id ftv'ii day of May." " When
an arasy is estabiishej,' sa}s Moatesque, in
hi« Treatise an the British Constitution, "it
oa^ht not to depend immediaLely on the le-
gislative, but on the executive pow<3r ; ?rnd
thi«, from the vt ry nature of the thing ; its
buiiuoss consisting more inaction than io
deliberation." On what piiaciplf s ofCon-
stitutiouaijustice, then, the Assembly couid
assume the right of passing such a law as ths
one above alluded to, we are totally at a loss
to comprehend or to conceive. They per-
hap'? thought this a fair and fit opportLcity to
ingratiate thf)mselves with their constituents
by a merr2 atteniipt to legislate for popular
clnmour, as well as to roinstaie the cash'ser-
©d Officers. Bat they forgot that the people

40b

bad allaloag paid the most implicit obedi-
ence to the revived Militia Ordinaoces, and
that Hib Majesty's Goverument had entu'ely
approved of the dismissals in quesiioD : na
approval founded on the opinion of the Law
Officers of the Crown, as well as on that of
every sound lawyer in Canada; many of
the latter continuing to do duty both as Of-
ficers and Privates under the existing iav»'s !
In what other light, then, can we look to the
Assembly than as barefaced usurpers of the
just authority of the executive govevoment.
Thanks to the Legislative Council, they have
in this instance at least failed in their unjust
and inglorious pretensions ; but the country
caiiuot watch too narrowly the proceedings
of a set of men so bent on the destruction
of every thing sacred in our system of gov-
ernment.

But this is not all. When the Bill, in its
amended form, reached the Assembly, our
friend Mr. Viger proposed a series of Reso-
luiions, which, to convince the doubtful rea-
der, if there be such, we shall give, at full
length, as exhibiting in stronger colours thaa
any language of ours could do, that nothing-
can stop the progress of the Assembly in their
attempts to clothe themselves with judicial
authority.

" M. Viger proposed to resolve seconded
by Mr. Quesnel.

" That it is the opinion of this committee,
that an humble address ought to be present-
ed to His Excellency the administrator of
the government, expressing that the act of

404

ibe Imperial Parliament of the 14th year of
the reigo of his late Majesty George Third,
chap. 83 which established for the Province
of Quebec a Legislative Council, had limit-
ed its jurisdiction within certain bounds it
overstepped in passing the ordinances of
the 27th and 29th of the same reign for the
government of the militia of this Province,
of which several provisions are moreover re-
pugnant to the principles of law and of the
constitutional rights of England, which are
the law of this country.

" That when a temporary abrogates a per-
petual law, aud substitutes on the same sub-
ject, provisions only established for a certain
time, the repealed law does not revive, when
the time for which the new law had been
made is expired, without the intention of the
Legislature has been expressed on the sub-
ject.

" That nothing in the clauses of the two
laws of the Legislature of this Province of
the 34th and 43d years of his Majesty's Keign,
respecting the Militia, by the words of which
the ordinances of the Council are abrogat-
ed, expresses any intention to allow them
to revive after the expiration of the tempo-
rary laws, which substituted new provisions
in the place of these old ordinances.

" That the aforesaid ordinances of the
Council of the 27th and 29th years of his
late Majesty Geo. III. cannot revive by the
expiration of these temporary laws which
abrogated them, and can only be put into
force by a law of the Provincial Parliament

405

ivithout, the authority of ■which the citizens
of this province could not he obliged to sub-
mit to the exercise of martial law."

Now, without waiting to express our sen-
timents on the contemptible opinion and
subterfuge here recorded with respect to want
of due authority on the part of the Govern-
or and Council of Quebec, which we affirm
to have been as extensive as that of the pre-
sent Governor and Legislature,* what can
be more insolent and insane than their driv-
elling about the revival of the ordinances,
and the want of authority to oblige the " cit-
izens^^ of this province to submit to the exer-
cise oiniartiallaw ? But this trash will ap-
pear still more strange and ridiculous when
we inform the reader, that so far back as the
month of June, 1828, the only legal tribunal
in the province capable of pronouncing judg-
ment in a case involving alike the preroga-
tive of the crown and the rights of the sub-
ject, declared, by an unanimous decision,
that the Militia Ordinances of 1787 and 1789
were then, stJll are, and ever will be in
force while they remain unrepealed or un-
suspended by any subsequent existing act of
the legislature ! This judgment will be
found Oil the margin, f and does honour to
the learned individuals who pronounced it.
Yet, in the face of this solemn judgment,

*The only inferiority on the part of the
former was in the want of authority to levy
taxes.

f Vide Appendix.

406

which not only ought to be venerated, but
treasured v.p ass the w^ of cordiKt of every
mau in the province, whatever Lis profes-
sion or pursui*^'3 may be, th^:- Asseraoly, by
their Resolutions, atteront to pronounce a
judgment diametrically opposite both as to
faci and principle i Can this be endured?
Cpn it be endired that the House of Assem-
bly may wage eternal %var with every power
and tribunal in the state ? Are his Majes-
ty's ccurtB of law to be broug^/'.t into contempt
ly a pack of arrogaat demagogues, whose
eoERtant object^ — as we have said a hundred
times over — is to paralyze and destroy the
JCinjr's Government in this province ? Are
the people to be taught to recognize no oth-
er authority hut that of the Assembly ? And
is the bar to fly for refuge to the forum ?
These proceedings must be stopped. They
have gone too far already; but if the As-
sembly be not checked — aud that speedily
-7-inits wilful and headlong career, England
•tvili ere long curse the day in which Wolfe,
the greatest and the bravest of her generals,
won his glories !

If any further proof be necessary to con-
iirra the opinion which we entertain on this
subject, we have only xo refer to the pro-
roguing speech of His Excellency the Ad-
ministrator, and the ''circular" of the Ad-
jutant General of the Militia of the 10th of
April. In the former of these documents
the absolute existence of the Militia Laws is
averred aod maintained by the following
sentence :—

407

"I had eQtertaioed a hope, that tb;? inbrta"
itants of lie Province would have be j re-
lieve 1 from any in:cavenience tc which they
may b? su'jtcted under "^heOrdi'z^aces now
in fty-'-t^ by the passir?; of ■:. Mill im, B'M,
s.id i c .not but CApres.^ iny re^f -t ihs:it
has not taken rJace."

if u :br Matter, whl n is adt'ressed " to Cora-
mandin?; Officers of Militia Battalions," by
this introdu tory clau'«'^ -. —

CIIiCULAR.

Offi^cf. of tht Adjutant General of Militia,
^uehec, lOth Avdl> 1899

Sir:- .lis ^ Excol €n':;y tbe" Commander-
in-Chief, being desirous :;i\elieving the Mi-
licjaofthe Provii r-g from the in-^onvenif ucc
to which thty a.ght be subjected iii the
course of the present year by attending the
Five M athly Revj ^wb ordered and r i: vnr-^
ed by tne Ordinances isj^w n fort 3 > I have
received His Excellency's Commands to ac-
quaint you that he is pleased to dispense v.ith
Three of the said Kevievvs."

Thus we find the House of Assembly as
iGUch :it variance with his present Excel-
lency, on this subject at least, as with |Lord
Dalhousie. Why .'ien, are the Assembly
aad the " Canada Committee" silent on a
matter so important? Whatever tribunal
will noiv decide tus case, must do so with as
much refe ence to Sir James Kemptas Lord
Dalhotisie ; for the one is as guilty of the
crime of declaring these ordinances "now ia
force" as the other. We have therefore so

408

JicsitatioD to say, that the Defender of Pel-
tier* himself, with all his eruditiou aud legal
acquireraouts, could not have made out a
stronger case than we have thus done with
respect to the Militia Laws. The Assembly
and its friends have indeed abused and vili-
fied even Sir James Kempt for his opinions
on this subject ; but Sir James knows how
to despise such abuse ; and cares as Utile
about it as his noble predecessor did.

Wo come now to the last and most im-
portant question of the whole. We allude
to the Supplies. We have already, in a
preceding number, entered so fully upon thiS'
(subject, that at present, we deem it neither
necessary nor desirable to discuss it at much
greater length. We should, however, con-
sider it as a cowardly desertion of our post,
were we to pass over the proceedings of the
late Session, in relation to this matter with-
out recording our sentiments on a questioa
which has so long and so fearfully agitated
the Country.

It will be observed, that this Session was
characterized by two appropriation acts ;
one 10 defray the expenses of the civil gov-
ernment incurred in 1828, there baing no
session in that year ; and another to nako
provision towards defraying the civil ex-
penditure during the current year. But we
will not consider these acts separately. They
are the same in principle : equally destruc-
tive of the Constitutiou, equally at variance

*Sir James Mackintosh.

409

with the King's instructions, and equally iu
suiting to tlie feelings and good sense of the
country ! T{ie Message upon which they
are founded, claims '' provision in aid of the
Crov;n Revenues." It has been asserted,
that the Bills, as passed, have reference to
this principle, and are couched accordingly.
This we shall never admit- The Bill mak-
ing provision for 3829, instead of making
" provision in aid of the Crown Revenues,"
appropriates the whole publick revenue of
the province in •' such sum or sums of mo-
ney as together with the monies already ap-
propriated by law for the said purposes, shall
amount to a sum not exceeding £54,542 2
6, Sterling."* There is no w ord of an "mt/"
iu this enactment. The Assembly knew
better ; and were aware, tl)at ^f that term
were once made use of, their pretensions
over all the revenues of the province, would,
instantly fall to the ground. The term
*' To^tthtr''^ was substituted, wiiich they
blindly imagifie to be tantamount to a full
recognition of their claims. But had the
act been worded otherwise, and expressed
io the identical terms of the Messfige, it
would, in our opinion, be equally u^jconsti-
tutional ; because, in voting the supplies,
the Assembly did not confine themselves to
the unappropriated revenue, over which a-
)oae they hold control, and which alone they
have a right to dispose of ; but spread their
authority over the whole of the ** Crowi;

*Vide Appendix, No. III.

410

Hevonyes;" anpropn-.tine;, disposing, de-
ducUDg, controlling, aaa addiv..; each Civil
Officer's aiiowADco actrrdlm tr a ruleot be-
nevolcQce oi theit * wn : thus eiitire*y ah'-o-
gatiag the aporopii^tiiiiis air*v\dy r,iade b^
his Majesty and tns I^o.-'j of the T^^■lo>"y,
and cutdijf^ them off from all int^rveutiou
with the '" Crown KevDauigi ckoated and
apprupriattd by the 14f.h Geo* III, with the
disposal of which tiiey are eiinvely auu i-x-
clusively invested. Ni w, if the Crr»\va sub-
mit t.r t'.is usurpation on the part of the As-
sembly— if it t.Ainely sabmi.; JO be striy. ped
of a power with which it is clothod J ,, an
act of the Imponal Pa.'ianient—if it subniu
to be told., that its judges and ow^er civil of-
ficers, who, ia viria' oftnis r^cr, hav-: beea
perinanenl'y provkled for ..rcordinn to a
scale long in use and yearly su.bmitcad to the
inspection and guidance of the Assetvrlny,
are henceforward to become annaal pen-
sioners ou the bounty of "hat Assembly, m
thai case, we humr;;y submit, the Cro'vn is
bound to give due notice to inv pici vi> we of
its having reli iquished its elaiiins to the h.p-
propriation of tht? " Crown Reven'^ciT," in
order to prevent us frofMn; qu?»rrelling with the
Assejubly, for assuming n x authority acqui-
esced in by his lVIaje^it>''s goveriment. But
fortunately for us, the Crown has not, will
not, cannot, dare not ct^/^m;^ a deed <^v a-
trocious, Vihilst the 14tb of the latfr kirr re-
mains io the latute book. The CroWu i/iay,
indeed, solicit and obta'a the repeal of this
act; but while itieraainsia force the Crown

411

is bound to pay it as implicit obedience as
the meanest subject, and can n; more Rvoid
subaiission to the law of the lao 1 (""aa ' . can
suspend the habeas corpus without ti: con-
sent <;f parliament. The Jaw has invested
the crown with no discretionary power^: : and
it can no more transfer the perform auc^ ci'
its own duties to *he subject, than the sub-
ject can usurp the regal functions. We know
not what the Crown may do v> ith respect t^
the subject under consideration ; but hith-
erto, so far as has come to our knowledge,
we are not aware that it has betrayed any
symptoms of compromise. We owe :i a
debt of gratitude for this. Even that infa-
mously popular term conciliation would, in
this instance, be dangerous ; but compro-
mise would be ruinous. The government of
England is not a democracy, nor a party-
government that veers with the political vane
of every man who comes into office. It is
a government founded on priaciple, consist-
ency, and uniformity of conduct ; and it is
i to this that we owe the war that has so long;
been waged against these characteristicks of
the House of Assembly. But is this social
warfare to be continued for ever ? If the gov-
ernment of England have the inchnation,
they have surely the power of putting a stop
to it. The past attempts to do so, have prov-
ed ineffectual ; but, if England be truly de-
sirous to entail peace and prosperity on this
province, where have those wonderful and
much-boasted Arcana of her strength been
hid for the last ten years. Have not the

412

House of Assembly, like the Philistines on
another occasion, defied and made sport of
them ! The supply Bill passed during tlio
administration of Sir Francis Burton was
considered so uncoustilutional, and at such
variance with the rights of the Crown, that
his Majesty's Representative in the province
was instructed, not to sanction any measure
of a similar nature. Yet, let any one who
can road, compare the Bill of 1825 with those
of the present Session, and we doty him to
pronounce them otherwise, than identically
the same both in principle and in terras!*
This is a defiance which we certainly did
expect, hut which we never for a single in-
stant, dreamed would have proved success-
ful. So far as regards the Assembly, the
only remark wo shall make is, that led and
actuated, as they have ever been, by a spirit
of opposition to British supremacy, it would
at once be impossible and inconsistent with
themselves to havo acted otherwise. Their
language to Britain has always been; —

*' She is my bane, I cannot bear her ;
One heaven and earth can never hold
us both ;
Still shall we hate, and with defiance
deadly
Keep rage alive till one be lost forever."

But what shall we say of the Legislative
Council ? In what terms can we express
our shame and grief at the conduct of that

*Vido Appendix, No. IV.

413

body, '«vIjo liave hitherto stood In tLebreacij
between us and anarchy, and who have hith-
erto exorcised their authority in such a con-
stitutional way, as at once to incur the dis-
pleasure of ttie Assembly, and the approba-
tion of their Country ? We lament, we
grieve to say, that the public character of
the Legislative Council, for honour and con-
sistency, has been forfeited for ever I But
ivfaen we pronounce a sentence so repugnant
to our feelings, we do not mean to say that
that body is individually infamous. No ;
we thank God, that there are individuals in
that Assembly who are an brnament to so-
ciety, and an honour to the country, indi-
viduals whom the king may trust and the
province be proud of — individuals who wiH
neither bend the knee to power, nor worship
at the shrine of avarice — individuals who
■will be consistent while others are abject —
individuals who will defend their country and
their birthrights, when others desert them to
tyrants and enemies.

We believe that the Legislative Council
never presented a more interesting scene
than during the discussion of the Supply
Bills. Of the speeches and efforts which
were made in favour of those infamous Bills,
we refrain from speaking : because, to our
mind, nothing degrades human nature more
than to behold it fvee to-day and a slave to-
morrow— than to see it, lion-like, braving
the dangers and the scorn of popular obloquy
in the cause of justice and truth, and anon
prostrate, licking the dust from the foot of
heartless avarice acd proud authority. Far

414

Otherwise are we disposed to speak of those
who resisted thein. Would that we could
write the names of Kerr, Bell, Coffiu, Fei-
ton, Grant, Bowen, and Jbhu Stewart in
letters of gold ! The resistance of these men
was stern, manful and patriotick. It lias en-
deared thera to every loyal person in the
Country, and, when they are goDe, will em-
balm their memories in the grateful remera-
brsuce of all who love that Country and ven-
erate the Constitution. Let their tombs
jSMr the record Here lies a defender of the^
Constitution ! Of course, it cannot be ex-
pected of us to enter into a detail of the ar-
gurnents made use of by these honourable
individuals in opposition to the Supplies as
voted by the Assembly. It will be merely
sufficient to say that they were unanswera-
ble. Being founded on the principles of the
Constitution they could not be rebutted:
being in accordance with the laws of the
country, they could not be refuted. The on-
ly reasoning urged against thera was expe-
diency and conciliation. But what can be
more expedient than an adherence to the
letter and the spirit of the Constitution ; and
what can be more conciliating than the due
execution of the laws ? As to the argu-
ments of their opponents, we must admit
they were of the most solid and weighty
kind ; and because they were so, they pre -
vailed. Let us attend for a moment to the
manner in which this took place and to the
individuals by whom it was effected.
As the same cii'curastaflces characterized

415

and disgiMced the p-,3afre of both BHI«, w#
apprehend that the history of one wi'I be
qmi^ sufRcient. Wh.^nJ the Lili for the civil
expeaditure of the current year carae under
discussion, there were fifteen members in the
House, exclusive of th,- Speaker ; and the
votes were as follows :

o m^'' ^if. ^^'^^—i- Cuthbert, 9. De Lery,
3. Ine Bishop, 4. Rjland, 5. Tachereau,

6. Caldwell, 7. Hale.

Ag-ar/isi £Ae ^f//.-~l Coffin, 2. BeJI,
o. Grant, 4. Felton, 5. Stewart, 6. Bowen,

7. Kerr, 8. Pei-eival.

Now, there being Eight vote?! against the
passing of the BilJ, and only Seven in its
favour, it will naturally excite surprise how
the measure cuuld pass at ali, consisleatlv
■With the rules of voting, there being a fair
and legal *^,ajority of One on the side of the
Nays. But let it be reraeoibered, that there
was a being called the SpeaJcer in the house,
who as such, like his brothor of the Assem-
bly, had a stake of three thousand pounds ia
the ganae ! It wrs hard therefore to be de-
prived of a sura so considerable by the vote
of \ single individual, when a remedy lay
witniu his reach. It was no difficult mat-
ter, m the first place, to vote as a member on
the side of the yeas, the numbers being by
that means rendered equal, and then, as
Speaker, give the casting vote on the same
sids. This was done ! The Speaker of the
Legislative council, who is also Chief Jus-
tice of this province, has long been esteemed
as a man of some virtue and tales t. There

410

may be talent ; but surely there is no virtue
ID an act of this kind. Asa lawyer and a judge
Mr. Sewell must know, that he had no right
to act in this way ; and that by doing so, he
has forever blasted his own character as a
man of candour and impartiality. If other-
wise, God help those who, by the laws of
the country, are bound to seek justice at his
hands. There is no rule better established
by our laws, than that a president or chair-
man of any publick body cannot vote but
once ; and that one vote can only be, a cast-
ing vote in case of their being what is termed
a tie. By the laws of the Imperial Parlia-
ment the act of the raajoritybinds the whole.
But what constitutes this majority ? Not,
surely, two votes given by the Speaker of
either house, as has been done in the case
before us. By no means; but the bona fide
majority of votes, fairly put and fairly giv-
en ; and a majority, it is well known, may
be constituted by one as well as a thousand.
Neither the Speaker of the House of Lords,
nor of the House of Commons has ever been
known to give more than one vote, and that
vote only when there is an equality of votes.*
It is true that the Speaker cf the House of

*Oh the question for the impeachment of
Lord Melville, the division of the House of
Commons being equal, the motion for the
prosecution was carried by the casting vote
of Mr. Abbott, then Speaker. By the Con-
stitution of the United States, it is declared
that " The Vice President of the United

417

Lords, if he be a Lord of parliament, may,
contrary to the privileges of the Speaker of
the Lower House, give his opinion or argue
any question in tha House; but he never
votes, except when the numbers on a divis-
ion happen to be equal. This is a poiiit
clearly establish*: d by pprliaraentary usage;
aa<i upon what grounds the Speaker of the
Le Jslative Counci' could lay claim to two
voices, is to us incon;prehensible. But let
us -onsult our constitutional Act on a sub-
ject so important. By the twenty eighth sec-
tion, it is enacted " That all questions which
shall arise in the said Legislative Councils
or A.ssemblies respectively, shall be decided
by vi'i Majority of voices of such memberfj as
shall be p/esent; and that in all cases where
the voices shall be equal, the Speaker of
such Council or Assembly, as the case shall
be, shall have a casting voice." There is
DO authority for a double vote here. It is
not to h3 found in the customs of parliament,
nor is it sanctioned by any law or usage
kno'vL within the realm. We will thank
the Hdaourable Speaker of the Legislative
Council, then to point out the authority
whence lie has derived this new lavv, which
gives him, what no other man can enjoy, a
double capacity, and renders him of double
importance to which ever side of the house
he iTjay be disposed to lend his assistance.
Br?; w ith all his cleverness we think we are

^States shall be president of the Senate, but
'shall have no vote unless they be equally di
vided."

.

418

r.afc ia bidding him defiance. We know
where he found ail the authority that can be
produced ca the subject. He found it in a
timid, wavering, vaciU'.ung cropositioD— in
a heart more proje to court prei»ri»« favours
than to entertain ,>;ratitude for the past—and
in a passion of personal avarice and fapiily
aggrandizement, which ''c fleet as little hon-
our on the judge as on the patriot— on tho
man ^s the confidential friend.

Of the companions and tools of the Hon
ourable Speaker, m this work of publick in-
famy, we are disposed to speak with as mu^h
dec4ucy and decorum as their deeds of atro-
city will admit of. The Bishop we have al-
ways admired as a man 'of piety, learning,
and humanity. But he cannot serve God
and mammon ; and it is our fervent prayer,
that the Church may never regain be put to
shame and confusion on account of his po-
iitical subserviency and delinquency. We
have said, that we admire the piety of this
good and evangelical man; we will only
add, from his politicks. Good Lord, Deliver
us. The real views of Mr. Cuthbert will
be disappointed ; and when that happens,
he will remember that we told him so. Of
Mr. De Lery w^e say nothing, as he is a man
totally unknown to fame of any kind. Mr.
Ryland we believe to be the personal eneniy
of the late representative of his Majesty in
this province. Any man who could be so,
is totally unworthy of publick, or private
respect. At all events, he shall never have
ours. We understand, that at the time Mr-

419

achereau -as ihns voting away the pubiick
inoDeyinto :/ 9 pockets of the tur Honoura-
ble Speakers, ne ought to have beta attend-
ing to hisdu- es as a Judge in another dis-
trict of"'.'^ ovince ; and that, in conse-
quence o£h. absence it was with great i.if-
Seulty the term was commenced at all ; a
loss had it taken place, of more serious con-
sequence to the country than the whole civ-
il list together. When questioned as to his
absence, he answered that " The Chief
Justice laid his commands upon hir- -' Of
this webaveno doubt ; but we ca assure
Mr. Tachereau, that had his vote been on
the other side, he should next session have
been impeached by the AssemblT for neglect
of duty as a Judge. As it is, v- -' hope some
.independent member will take up the busi-
ness ; for the Judge ought to know, that,
:wbatever beccrres of politicks, nothing is
■more injurious to a state than a faithless and
r.ime serving judicatory Mr. Caldwell is a
jpublic defaulter, and has been so declared
^by the House of Assembly and the Canada
icommittee. Mr. Hale is an honest man,
.^ve believe ; but what Receiver General can
i)e an honest politician! Such are the men
fwho have aided the House of Assembly ia
itheir attempts to destroy the constittj'tion.
Such are the men who have compromised
;the character of the Legislative Council.
iSuch are the men whom Mr. Felton stated
in his place to have been everyway deserv-
)!ng the character given of them by Mr.
i^feilson in bis evidence before the Canada

420 ^^B'

cemmlttee, as well as in the Report of that
comniitiee itself. With these brief observa-
tioas we leave them io the hands of the coun-
try and posterity. But the list would not be
complete without the name of the Attorney
General, who probably, from a motive simi;
lar to thatoftha two Speakers, gave ex m-
ficio, a favourable opinion of the supply bills.
Were Mr. Atiornev now member for W^ilhani
Henry, we -~ask him whether his opinion
%vould be the same I If so, the vote of a
dissecter of bodies is at any time as good as
that of a dissecter of briefs and indictments,
for destroying the constitution. But Mr.
Stuart was never either a good or consistent
politician ; and we fear it is now too late to
teach him. We may, perhaps, try our hands
on him by and by. He has been said to in-
timidate and overawe the Bench ; but he
^all not do either with us. Should he be
tempted to indict us for alibel ; we shall take
refu^-e under the late instructions transmitted
to hfra from England with respect to mean-
er libellers, and so escape his malevolence.
Upon the whole Mr. Attorney will understand
us, when we say :
De Sumno planus ; sed non ego planus in

uuo
Versor utrinque manu, diverse et raunere

fungor :
Altera pars revocat, quicquid" pars altera

fecit.
With respect to tBe part which His Ex-
cellency the Administrator of the Govera-

421

ment took ia this business, we are disposed
10 say as little as we can, consistently with
our duty to the publick. We entertain the
most uuqualiSed esteem for His Excel-
lency as a man, a gentleman and a soldier.
In each of these capa:ciiles he deserves, and
we believe, universally receives the respeci
and gratitude of his country. As the rep-
resentative of Geo. IV. he shall ever receive
from us the homage and obedience of free
and loyal subjects ; ready to serve him for
the benefit of our beloved country in any ca-
pacity or on any mission. But'our loyalty
to the King, and respect for his representa-
tive, will never deter us from giving the
freest expression to our sentiments on ques-
tions of public importance. We have there-
fore neither fear nor hesitation in saying,
that, consideringthe nature and character of
:he Bills of supply of this session; consid-
3riog the manner in which the supply bill
aassedthe Assembly; considering the cir-
Jumstances under which the bills'were pas-
ed in both houses ; considering the illegali-
y of the double vote of the Speaker of the
L.egislative Council ; but, above all, consid-
sring the Despatch of the Colonial Minister
sf the 4th of June, 1825, wherein, with res-
)ect to the last Bill of Supply sanctioned by
he legislature, instructions were convej'ed
' Not to sanction any measure of a similar
lature," His Excellency ought to have
vithheld the Royal sanction from the Bills
n question, at least until His Majesty's ap-
)robaiion should have been obtained. Tti©
23

422

instructions alluded to are as binding upon
the present Governor as upon any ofRis
Excellency's predecessors, unless formally
and expressly recalled : a circumstance which
there is no authority to conclude, lias ever
taken place. It is said that Sir James Kempt
is in possession, of conciliatory despatches.
We are far from disbelieving this, because it
is very likely, considering the spirit which
at present rules his Majesty's government in
England. But, why should His Exellency's
instructions be different from those of his
brother Governor in Upper Canada ? There
Sir James Colborne expressly tells the Le-
gislature, th.'ithedoes not want supplies,.be-
cause the revenue arising from the 14th Geo.
III. of which the crown has the entire dis-
posal and control, is sufficient for the exigen-
cies of tlie government.* Have the Assem-

*Genllemen ofthe House of Assembly. —
I thank you for your offer of making a pro-
vision for the support of the civil Govern-
ment, which I should have gladly accepted
in His Majesty's name had not the Revenue
arising from the Statute ofthe 14th Geo. HI,
chap. 88, the appropriation of which, for
the public service, is under the control of
the Crown, appeared quite sufficient to de-
fray the expenses of the current year. An
intimation to this effect, was conveyed to you
in my reply to one of your Addresses early
in the present month.

Sir John Colborne's Speech, 20th March,

ia29.

42S

bly of Upper Canada set up a claim to the
distribuiioti and appropriation of ti]ese Crowa
revenues ? They have u<»t, and dare not.
Why should the Assembly of Lower Cana-
da be permitted to pursue a diftereot line of
conduct, having the same Constitution to
guide them ? It will be vain to say, that it
was because supplies had been demanded ia
Lower Canada, and that the legislature ia
such a case, have a right to interfere with
the appropriation of the Crown revenues, ia
order to limit or extend those at their own
ilisposal. Can a claim of supplies in aid of
the Crown revenues alter the laws and coo-
slitution of the country? If they can, why
should not the interpretation apply iu Upper
Canada as well as in this province ; and
why should not the point in dispute be freely
and candidly given up to the assemblies of
both provinces. But there is another point
of view in which His Excellency's accept-
ance ofsuppliesin the mode voted by the as-
sembly, ought to be considered ; and it seems
to us the only mode of disposing of the ques-
tion so far as respects kivi. At an early pe-
riod of the session, his Excellency, by the
*' King's commands," sent a Message to the
legislature explanatory of His P/lajesty's
views with regard to the difficulties which
agitate this province. In that message, as-
ter the nature and amount of the *' Crown
Revenues" are described and summed up,
it is positively and pointedly declared, that
these revenues " constitute the whole esti-
mated rcveaue arising ia the province, wbkb

424

the Law has placed at the disposal of th©
Crown ;" and •' His Majesty has been pleas-
ed to direct that from this collective Revenue
.^f £38,000, the salary of the Officers admin-
istering the Government of the province and
the salaries of the Judges shall be defrayed.'*
It is added " His Majesty fully relies upon
the liberality of his faithful provincial par-
liament to make such further provision as
the exigencies of the public service of the
province (for which the amount of the Crown
Revenues above mentioned may prove in-
adequate) may require."* Now, if His
Majesty has been pleased to declare that
the "Law" has put the revenue in question
at his " disposal ;" and if His Majesty ha.s
heen pleased to "direct" the expenditure of
this revenue to the Judges and the other of-
ficers of ihe government, how can His Ma-
jesty's Representative submit to be told by
the legislature that they have an equal right
in the disposal of this revenue, and will there-
fore dole it out, as they have done this ses-
sion, in such portions as they think proper ?
Is not the insult as well as the illegality of
the thing clear to every mind ? His Excel-
lency has therefore suffered both his Royal
Master and himself to be imposed upon by
the legislature ; and has allowed his own
Message of the 29th of November, not only
to be neglected and spurned, but absolutely
trampled under foot. Why is it so then?
If contrary, or contradictory instruction*

*Vid© Appendix, No. V.

425

hare been received, why have they not beeii
published to the world, that the couDirj
might have beea made aware of its true sit-
uation— that the province might know
whether it is to his Excellency or to His
Majesty's government in England, that
it owes measures so full of danger, contra-
diction and inconsistency ? Having said
this, we have said all that was necessary,
and all we intended on the present occasion.
The Protests of the dissentient Legislative
Councillors will bear us out in all we have
said against them* we appeal for a full and
complete confirmation of all our statement*
on this question.

Having discussed at such length, the ub-
constilutional measures of this eventful ses-
sion, it may perhaps, be expected that we
should touch upon those that were useful and
in real unision with the principles of the con-
stitution. We do not deny that there wer«
such measures. But we leave them, in their
free course, for the benefit of our country,
and the example of posterity.

In conclusion, we feel that we have dis-
charged a mostinvidious but important duty.
We feel that we have stood alone on the
Watch-tower of our country's salvation, ex-
posed to all the weapons that faction, malice
and revenge can bring against us. But, as
we write neither for fame, patronage nor
profit, being equally independent of ibeai
ail, we have honestly and fearlessly— a^

*Ti<l« Appendix, No. VL

/

426

rtiatter how feebly — discharged a debt due
by every British subject who loves his coun-
try— loves his king — aad venerates the coa-
stitntion. If ue have spoken boldly, we
feel and know that our language has been
tiiat of truth. What have we to fear then !
Thank God ! one free press still exists in
the country ; and while that is the case, the
Ccustitutien cannot be destroyed. He who
will attempt to put it down is an enemy to
tiie Palladium of British Liberty and th@
basest criminal known to our laws.

NO, I.

(Vide p. 12.)

Tuesday ISth Novcrrober 18(Ki.

" A messnge was delivered from his Ex-
" celleucy the Lieutenaut Governor, by Mr.
*' Gautier, Deputy Secretary, to acquaint
" the Members, that it was His Excellency's
" pleasure, they should proceed to choose a
•'fit person to be their Speaker ; and to pre-
*'8ent the Member chosen for His Excellea-
" cy's approbation.
" Mr. Northup then proposed to the House,
"'William Cottoam Tonge, Esquire, Hia
" Majesty's Naval Officer, and Member for
*' the County of Hants, and Mr. Pyke pro-
" posed Lewis Morris Wilkins, Esquire,
" Member for the County of Lunenburg, for
"their Speaker; and the choice of the House
" having fallen upon William Cottnam
*' Tonge, Esquire, he stood up in his place,
*'and expressing the honour proposed to be
" conferred on him by the House, submitted
" himself to the choice, and he was taken out
"of his place by Jeremiah Northup and
" Shubsel Dimock, Esquires, and conducted
♦'to, and placed in the Chair, accordingly ;
" and thereupon Mr. Speaker, elect, ad-
*' dressed the Members, as follows, &c. &c."

423

*' A Message was delivered from His Ex*
*" cellency the Lieutenant Governor, by Mr=
*' Gautier, Deputy Secretary of the Prov-
**iace, commanding the attendance of ih©
"House in the Council Chamber.

"Accordingly, Mr. Speaker elect, with
" the House, went up to attend His Excel-
"leucy in the Council Chamber, where Mr.
*' Speaker elect, was presented to His Ex*
'* cellency by Mr. Northup, when His Ex-
*• celleucy was pleased to say that he did
"aot approve of the choice the House had
" made, and desired them to return, and
" make another choice, and present the
** Memlier whom they should elect for His
*' Excellency's approbation to-morrow, at
"one o'clock.

*' The Members being returned,

** Mr. Northup reported that the Members
'•had been in the Council Chamber, when
••His Excellency had not been pleased to
*♦ approve of the choice they had made of
♦♦ William Cottoara Tonge, Esquire, to bo
*" their Speaker; and liad directed they
•♦ would make another choice, and present
" the Member whom they should elect for
"His Excellency's approbation at one o'-
•♦ clock fo-morrow.

"And thereupon, the Clerk, by direction
" of ihe Members present, adjourned the
" House until to-morrow, at eleven of tho
•• clock.

" Wednesday, 19/A November, 1806.

*' The Members met agreeably to the ad-
**journraeat of yesterday ; and the Clerk by

429

" order, adjourned the House till To-morrow
"at tea of the clock.

" Thursday, 20th Novemher, 1S06.

" The Members met agreeably to the ad-
"journmeot of yesterday; and, in obedi-
♦• ence to the commands of His Exeellenc.r
*• the .Lieutenant Governor, proceeded to
•♦ the choice of a Sjjeaker, in the place of
«*Wilham Cottnara Tonge, Esquire, who
"had not been approved of by His Excel-
" lency ; and, thereupon, Mr. Mortimer pro-
" posed Foster Hutchinson, Esquire, Mera-
" ber for the Town of Halifax, and Mr. Pyke
•• proposed Levi'is M. Wilkins, Esquire, for
" their Speaker; and the choice of the House
•* having fallen upon the latter Gentleman,
**he stood up in his place, and expressing tha
" honour proposed to be conferred on him by
•* the^ House, submitted himself to their
"choice, and he was taken out of his place
" by John George Pyke and Jeremiah North-
^ up. Esquires, and conducted to, and placed
" in, the Chair, accordingly ; and, there-
••upon, Mr. Speaker elect, addressed the
•• Members as follows : &c. &c."

"A message was delivered from His Ex-
" cellency the Lieut. Governor, by Mr. Gau-
"tier. Deputy Secretary, commanding tho
" attendance of the House in iho Council
" Chamber.

" Accordingly, Mr. Speaker elect, with
"the House, went up to attend His Excel-
" lency in the Council Chamber, where Mr,
•* Speaker elect, was presented to His Ex-

430

"^ cellency by IVlr, Northup, upon ^vhich His
*' Excellency approved of the choice the
*' House had made.

" The House being returned, and Mr.
*' Speaker iiaving taken the chair.

" Mr. Speaker reported that the Hquse
"'had been iu the Council Chamber, where
" Bis Excellency had been pleased to ap-
*' prove of the clioice the House had made
" of him to be their Speaker, and that he
" had spoken to the following effect :

" May it please your Excellency,

*' The House of Assembly having chose,il
*' me their Speaker, and your Excellency
''having approved of their choice, I have to
*' observe to your Excellency, that I feel
" very sensibly the weight and importance
" of the duties incident to that officCj and
*' my inability to perform them. I trust
*' however, that an honest and fervent zeal
"'to promote the ease and comfort of your
" Excellency's Administration, the peace
*' and harmony of the different Branches of
" the Legislature, and the general good of
** the Province, will, in some measure, com-
" pensate for all other deficiencies ; I beg
♦' leave to require of your Excellency, on
*' the part of the House of Assembly, that
" their words and actions may receive the
•' most favourable consideration : and that
" the Members may from time to time have
"access to your Excellency, and that they
*' may enjoy their usual privileges."

Saturday, 22 November, 1826.

[Extract from the Address of the House of

431

Assembly in answer to the Speech, ia
which, however, the refusal of the Speak-
er had oot bedn noticed :]
*' While we lament that Your Excellency
*' has been pleased to exercise a branch of
*' His Majesty's, Prerogative, long unused \a
" Great Bi-itain, and without precedent ia
"this Province, we beg leave to assure Your
*' Excellency, that we shall not fail to culti-
" vate assiduously a good understanding bo-
'* tween the diilerent branches of the Legis-
" lature, and to prosecute with diligence the
" business of the Session."

I^'O. II.

{See p. 24:.)

Coke in his Insti'tutes, 4. p. 8. in substance says,
that after the choice is made the King may refuse
hixn^ and that it is usual to recoiriciead a discreet
man that will be received. Blackstone, in his
Conimentaiies, says, " the Speaker of the Housc-
ef Commons is chosen b}^ the House, but must be
?ipf)roved of by the King," (1. p. 131.) Comyn in
the 4th volume of his Digest of the laws of Eng-
land, (6,297) says " that none can be Speaker
without elections of the Commons, and their elec-
tion is free, but the King may recomiTiend or re-
FTTSE hirn. If the Speaker be appvoved bj the
King, he prays, 1st, Freedom of SpeeeV &c. Ja-
cobs in Ins Law Dictionary, in continuance of
what has been already cited says, " the commons
aro commanded to choose a Speaker, which donc^
two or three days afterwards, he is presented t©
the King and after somo speechss is allowed ansl

432

sent down to the House of Commons when the bu-
siness of Parliament proceeds." Custance in his
treatise on the British Constitution (p. 104.) says
*' the House of Commons always elect their own
Speaker, who must be presented to the King; for
approbation." Chitty in his late work on the Roy-
al Prerogative also says. " The Speaker of the
House of Commons is chosen by the House, but
must, it seems, be approved by the King." (p. 74.)
Hammond, one of the latest writers on Parliamen-
tary proceedings, in his treatise on Precedents,
says, *• that the Speaker of the House of Com-
mons is chosen by the House but must be approv-
ed by the King, who though he cannot nominate,
may nevertheless recommend, nor is he till con-
firmed, called Speaker (p. 64.) The work on the
British Constitution by a Doctor of the Laws al-
ready cited, states " the commons being returned
to their House in obedience to the Royal com-
mand, choose their Speaker, who is generally one
recommended by the Sovereign, for though they
have a right to choose a Speaker, who is their
mouth and trusted by them and so necessary that
th.e House of Commons cannot sit without him.,
the king has a right to disallow or to refuse liim,
after he is so chosen (2. p. 62.) Whitelocke says,
*' then the commons repair to their house, and
usually some of the members before acquainted
with the King's mind doth nominate one among
them to be chosen for their Speaker, ^\ herein there
is seldom contradiction. Coke saith that after
their choice the King may refuse him, and that
tjhe course is for avoiding expense of time and con-
test (as in the conge d'elire of a bishop) that the
King doth name a discreet and learned man whom
the Commons elect, but without their election
(saith he truly) no Speaker can be appointed."
This practice of disapproval does not apply only to
j^ British House of Commons, for in Neal's Hieto^

435

ry of New England (2 p. 24.) it is said of the
General Assembly of that Province, '* as soon a«
the House is called over and the several hierrj-
bers have taken the oaths, repeated and subscrib-
ed the Declaration and took and subscribed the
oath of abjuration, they proceed to the choice of
their Speaker, veliom they present to the Governor
for his approbation." A striking authority will be
found in a M^ork published by the House of As-
sembly themselves as a guide to young beginners
in parliamentary warfare the "Lex Parliamentaria"
where at p. 263,it is said "It is true,the Commons
are to choose their Speaker, but seeing that after
their choice, the King may refuse him," and thei*
proceeds to mention the conge' d'elire which may
be issued by the Sovereign. The numerous and
unvarying authorities from the most authentic
sources cannot fail to demonstrate with sufficient
clearness the existence of the prerogative.

But that the prerogative exists may be further de-
monstrated by showing the actual exercise of it in
various British and Colonial Assemblies either by
the Sovereign himself, or by his representatives.
It is well known that on the election of a Speaker,
the individual chosen generally excuses himself to
the house on account of dieability or want of suffi-
cient talents to maintain the situation with digni-
ty. But the House refuse his request and he llien
excuses himself before the King and with all hu-
mility prays that he may be disallowed. This ex-
cuse has been made more or less since the 5th
Richard II. (1381) when Sir Richard Waldegrave
made that suit to the Kinff. Thus in 1450 Sir John
Popham was chosen Speaker, his excuse was ad-
mitted by the King and he was discharged from
his office. On the same day the Commons pre-
sented William Tresham for the same purpose w1k>
was allowed. The words of the record which
jnentions the disallowance are " Rex ipsam saam

434

cxcusationem admisit et ipsum ds occupatione
predirta exoneravit." At the ccmnencement of
the new Parliament in 1678-79 — Edward Seymour
(afterwards Sir Edward) who had become very
popular ia the house for the violent stand he had
taken against Popery, was chosen Speaker. In
the address of excuse which he made to the House,
ho said "But since you are pleased to sequester
your judgments, in his choice, give me leave to pxe~
ivsnt my excuse to the King, and I hope the King
will have no cause to disagree with you in any
Iking hue your choice of me," and prayedfor leave
to intercede \'nth His Majesty to disch?..rge him of
his duty. Vf hen brought before the King for ap-
jjiobation hs addressed His Majesty " I am come
hither for your Majesty's approbation which if your
Majesty please to grant I shall do them and you
the best service I can." From his having several
disagreemejits with Lord Danby then high in fa-
Tourjit had been determined to disallow him, but
Mr. Seymour being aware of this intention avoid-
cd making his excuses in the usual form, but the
Lord Chancellor addressing Mr. Seymour said
" the approbation which is given by His Majesty
to the choice of a Speaker would not be thought
i^uch a favour as it is and ought to be received, if
Wis -Majesty v/ere not at liberty to deny, as well as
to grant it. It is an essential prerogative of the
iCing to refuse as well as to approve of a Speaker.
This is a matter which by mistake may be liable to
misrepresentation, as if the King did dislike the
psrsons that chose or the person chosen. As to
the first there can be no doubt. They are old re-
]3resentative3 of his people whom he hatli a desire
to meet and there can be no doubt of the latter,
nor has his Majesty any reason to dislike you,
having had great experience of our ability and ser-
vice. But the King is the best judge of men and
thingSL Ho knows when and wliere to omploj.

435

lie thinks fit to reserve \"Oii for other sendee and
to ease ycu of this. It is His Majesty's pleasure
to discharge this choice and accordingly by his Ma-
jesty's commands I do discharge ycu of the place
you are chosen for and in His 'tdajesty's name
command the House of Commons to make an-
other choice and command them to attend here
to-morrow at 11 o'clock." The popularity of Sey-
moiu- made this disallowance very disagreeable "to
the Members, Avho in the debate which ensued
spoke in strong terms against those who had coun-
selled the measui-e, but seemed httle disposed to
assail the prerogative. During the debate Mr.
Sacheverell said " I Vv'ould not lose a bail's breatlth
of the King's right" and he moved an adjournment
that in the interim the records might be searched
for precedents in this matter. Mr. Garraway said,
" I would not give the ' King oflfence but not part
with one hair of our right." "lam satisfied we
could not fix upon a fitter person for Speaker thart
Mr. Seymour, he is a Privy Counsellor, treasurer
-of the navy and has done the King ver)' good ser-
vice here which makes me wonder he should not
be approved of by the king. I thought we could
not have obhged the king more." NotMdthstand-
ing that the adjournment took place, the house
addressed the king for a longer time to consider
the question as being one of " such great import-
ance." The king granted them the delay requir-
ed, at the same time observing " as I v^'ould not
have my prerogative encroached upon, so I would
not encroach upon your privilege." At the con-
tinued debate Mr. Hampden said the choice they
had made they had reason to think " would have
been acceptable to the king." Sir John Ernlv
remarked that " the choice is in the Coirimons
and it is undoubted that the refusal of a Speaker
when chosen is of right in the king." In the ad-
dress wliich the House made to the king they dc-

436

darei that thay had a tender regard " for th©
rights of your Majesty and your royal prerogative
Which we shall always acknowledge to be vested
in the Crown for the benefit and protection of the
people." During the many days to which this de-
bate was continued, the opinions of the members,
however much in favour of Mr. Seymour were nev-
ertheless favourable to the choice of a third person
in preference to the one nominated by the Grown.
The king having prorogued the House for a few
days, on its again meeting it unanimously chose
Sergeant Gregory, thus succumbing to the right of
the crown. Throughout this transaction we find
the House pertinacious of their own right but at
the same time showing a great respect to the priv-
ileges of the Crown, thereby affording a striking
contrast to the conduct of our Commons, who in
all their proceedings and debates afl^ected a total
neglect of the wishes and directions of the Crown
as expressed by its representative. These arc
certainly the only instances on record in English
Parliamentary History where the disallowance
took place ; but Sir Fletcher Norton, having dis-
pleased his late Majesty in 1773 in a speech on
presenting a Bill of Supply, the determination of
the Sovereign to exercise the Royal prerogative
against that individual should he be again chosen
was urged by Lord North as a reason against his
election, and the House notwithstanding the pop-
alarity of Sir Fletcher rather than dispute the
wishes of the Crown chose Charles W. Cornwall
Ksq. who was accepted of — There are however
several instances to be found in Colonial History
where Speakers of the Representative Body have
been disallowed. In the late Province of Massa-
chusetts Bay, in 1704, Mr. Oakes being chosen,
was disallowed and the House persisted in tlieir
choice. On account of the affairs of the war be-
ing so pressing, the Governor waived the preroga-

437

tive, " saving to hor Majesty her just rights at all
times." This disapproval was sanctioned by the
approbation of the tlicii Commissioneis of trado
and plantations. In 1720, the Speaker chosen in
the same colony was disallowed by the Governor,
who had to dissolve tho Assembly. On the mect-
injr of the new one, thontrh composed of nearly tho
sainc members, they chose one who v.as accepta-
ble to the Governor. These disallowances caused
ill will between the Governor and the House, and
the disputes were referred to England. Through
the means of Governor Dumner, the Assembly in
1728 passed an act, wliereby the doubts which,
they said, might have (.xisted, were set at rest by
a positive enactment, that the administrator of the
Government should have a negative in the elec-
tion of their Speaker. The House of Assembly of
South Carolina on tho ]2th Jan. 1773 having pre-
sented the Hon. R, Lowndes to be their Speaker
the Governor diapproved and disallowed their
choice, and directed them to proceed anew, but
the House, persisted in their views and it was
thereupon prorogued. About the year 1810 James
Tucker was elected Speaker of the House of As-
!?cmbly of Bermuda, but being disapproved of by
the Lieutenant Governor, John Noble Manley, v/as
subsequently elected and approved of by His Ex-
cellency.

The first notice or mention made of the appro-
bation of the Speaker by the monarch being for-
mally announced, was in 1399, when Henry IV,
approved the choice made in the person of Sir
John Cheney, who next day was obliged to resign
his charge from sudden disease, and the Commons
elected Sir John Doreward in his place, v/ho was
then approved of. On tho election of the Speak-
er, it has been already mentioned as being usual
to excuse himself on presentation to the king, ami
this practice has been almost hitherto invariable.

438

In 1582, Sir Edward Coke, an individual whos^
knowledge of law and the constitution under
which he lived, cannot be doubted, in his speech
to the throne said : " This is ovAj as ^fet a nomin-
ation and no Election, until your Majesty giveth
allowance and approbation." In 1 660 Sir Har-
bottle Giimstone was chosen, but on account of
the absence of the king, was not presented for
approbation. The Speech of Sir Edward Turner
who was chosen the succeeding year, is not re-
corded in the Journals of the Commons, but in
substance as given in the Lords' Journals, is as
follows : " From this their judgment, if I must so
call it, I do most humbly appeal to your Sovereign
justice, beseeching your Majesty for the errors
that are too visible and apparent in their proceed-
inge, that you will review and reverse the same."
The Lord Chancellor replied '* you have not dis-
credited 3'^ourself enough to persuade the king to
dissent from the House of Commons in the elec*
tion they have made." In 1672, Sir Job Charlton
was chosen, who addressed the king as follows .-
" I therefore with a plain humble heart prostrate
at your Royal feet, beseech, that you will com-
mand them to re\aew what they have done, and
to proceed to a new election." The king in reply
said ; " He cannot disapprove the election of this
House of Commons, especially when they have
expressed so much duty in choosing one worthy
and acceptable to liim." This individual became
unwell and desired to retire to the country and va-
cate the Speaker's chair. In his address to the
king, he said ; " I humbly beseech your Majes-
ty's leave that I may move your most dutiful and
loyal House of Comrxions, to permit me to retire
to the country, and to give them leave to choose
another Speaker." This leave was granted, and
the House on the 18th Feb. 1672, elected Edward
(afterwards Sir Edward) Seymour, who was ap*

439

f roved. On the 20th May 16S9, Sir John Trerer
was re-elected, and on being presented to the
king, humbly beseeched liis Majesty " to command
the Commons to make a better choice." On the
election of Paul Foley in ]694, the Lord Keeper in
"addressing liim aftpr he had made his excuses
said : " He (the king) does well allow of the
choice which the House of Commons have made,
and does approve of you for their Speaker."
When Sir Thomas Littleton v/as chosen in 1695,
,he said to his Majesty : " I need enumerate no
more particulars v»' herein I am wanting to your
Majesty, to ¥/hom my insufficiencies in businesi?
are not unkno'.^n, hoping I have said enough al-
ready to induce your Majesty to disapprove mc."
Ha.ving be -^n approved, he rephed ; " Since your
Majesty has been pleased to approve the choice
which youv Commons have made, it becomes me
not to contend longer with your I^Iajesty," When
Robeil Harl^y was chosen in 1701, he addressed
the king in the usual strain of excuse, but it was
not allowed by his Majesty. Harley in reply
f-aid ; " Since 3^our Majesty hath not been pleased
to admit of my excuse, it is my duty to submit,,
and I do in the first place with tlie utmost thank-
fulness acknowledge the undcvserved honour your
Majesty is pleased to confer upon rne, and that I
may the batter discharge that great trust v/hich
your Majesty and the Comnions have committed
to me, I am an humble suitor to your Majesty,^
.and then prayed the usual liberties. In 1/08, Sir
Richard Onslow addressed the Lords Commis-
sioners ; " May my most humble intercession to
YCiMT Lordships to disapprove this choice obtaia
pardon." In 1710, William Brornely being chosen,
he addressed the Queen, that in obedience to her
commands he had been chosen, and that he was a
humble suitor to her Majesty, that she would be
pleased to escuse his undertaking it, and to ccra-

440

jmand the Commons to make a better choice. In
1713, Sir Thomas Hanmer being chosen, he thus
addressed the Queen : " That for her own service
and satisfaction, for the better success of those ar-
duous and urgent affairs which have induced her
to call this Parliament, and for the honour of the
House of Commons, she will be pleased to order
them to re-consider this their resolution and to
come apain prepared to present some other person
to her Majesty, moi*e worthy of their choice, and of
her royal acceptance and approbation." To this
the Lord Chancellor answered that the Queen ex-
pected nothing else from that House, "than the
choice of a person for their Speaker equally quali-
fied for that important trust, by a just regard for
her prerogative, and an hearty zeal for the wel-
fare of her people ;" and the Queen further stated
that their choice was acceptable to her and there-
fore approved and confinned it. In 1714, Mr-
Spencer Compton was chosen. He stated liis in-
capacity to act, and professed the most unshaken
fidelity to the protestant succession. He said,
'* This your Commons hope may be some excuse
for their presuming to present to your Majesty a
person whose iusulficiency rendered him so im-
proper for them to elect or your Majesty to ap-
prove." The same individual in 1722, besought
His Majesty, " to command your Commons to
present to your Majesty, some other person more
worthy of your Royal approbation." Mr. Arthur
Onslow in 1727 craved leave to implore His Ma-
jesty's goodness " to command your commons to
do, what they can easily perform to make choice
of another person, more proper for them to pre-
sent to your Majesty on this great occasion." Mr.
Onslow in 1734, hoped the king would send back
the Commons to reconsider their choice and chooae
one " more proper than I am for their service and
yoar royal approbation." The same gentleman

441

m 1741 stated that he had been elected Speaker,
" how properly for me, for themselves, and for
the public is now with your Majesty to judge, and
to your Royal judgment, Sir, I do with ail humble-
ness and resignation submit myself, being well as-
sured that should your Majesty think fit to dis-
approve of this present choice your commons will
have no difficulty to find some other person among
them to be presented to your Majesty on this oc-
casion, to whom none of these objections can be
made which I fear may too justly, from my imper-
fection, arise in your Royal breast, upon being
again the subject of your Majesty's consideratioa
for this important charge." In 1747 the same
gentleman begged with silence and submission to
resign himself to the Royal determination. In
1 754 the same gentleman in addressing the Lord
Commissioners, stated that he resigned himself
" entirely to His Majesty's pleasure, Avell know-
ing his own Royal wisdom can have best deter-
mined his own choice either to approve or disap-
prove what his commons have now done. Sir
John Oust in 176], said, " I have this satisfaction
that I can now be an humble suitor to your Ma-
jesty that you would give your faitliful commons
an opportunity of rectifying this, the only inad-
vertent step which they can ever take and be gra-
ciously pleased to direct them to present some
other to your Majesty whom they may not here-
after be sorry to have chosen, nor your Majesty
to have approved." The same person in 1768 ad-
dressed the Lord Commissioners. " His Majes-
ty must, I am assured have observed so many im-
perfections in my conduct during the last Parha-
nent that I need urge no other reasons to induce
Bis Majesty to give his faithful Commons an op-
i x)rtunity of presenting one worthier of their choice
i Lnd His Majesty's loyal approbation." The ad-
|irese«s of Sir Fletcher Norton in 1770 and 1774,

442

atid of Mr. Cornwall ia 1780, and 178), nr©
nil in tho same str.in. la 1789, 1790, 1796
ami 1807, Mr. Addinj^t.ou implored iho king
to direct the commons to proceed to a ne\v
choice and to pres(MU one more worthy ot
the royal approbation Mr. Abbott in 1807
(Said "in humbly «uhmitting myself at tins
bar to his Majesty's judj^ment, I have tho
satisfaction to reflect, th;U if it should be IIis
Majesty^s Royal |)loasure to disallow this
choice."" Again in 1812, ho said " whatever
considerations may have weighed with the
House of Commons in forming this deter-
mination, they Avell know that their choice
mnst nevertheless await the Royal pleasure,
and i now with all humbleness do in their be-
half present myself in this place in order that
His Majesty's 'faithful Commons may loara
whether it be His Majesty's Royal will that
ihoy sliall proceed to a consideration of the
' choice which they have made." In 1820
Mr. Snlton addressed the Lord Commis-
sioaerr., ''should, however, it bo Mis Majes-
tt's pleasure to r(\ject the choico thus made
by His faithful Commons, it is consolatory
to me to know, that there are many mem-
b^v;5 of the housc much l>etter qualiiied than
wiyself to fuliil the oince of Speaker, upoa
one of whom their choice may most advan-
t;!c;eously devolve." These numerous dec-
larations ofSpeaker in various yean-i, speak-
iiv'foraud in the names of the Commons
©f^England aro heavy arguments against tho
prehensions of our Assembly. It is not very
likely that a British Houso ©f CommoB*,

443

TTCuId permit their Speaker for them, 19
use such language, did they not acknowl-
edge the Royal Prerosralive, and that iatba
Irjnguage thus used, there is something mora
than mere matter of form, or mere courtesy.
If any of the Members of the late Assembly
Tsill cousult the Journals of the Irish House
of Commons, he v.ill find the same strain
made use of throughout. There in 1639,
Jilaurice Eustace appealed to the Lord Lieu-
tenant to direct the Commons of that House
to make choice of another Speaker, but Hiz
Lordship by the Chancellor declared his
•' approbation and good liking and allow-
acceofthc said election." In 1771, Mr. E.
S. Pern- addressed the Vice Roy, "I con-
fess it is the highest point of my ambition,
and if I have the honour of your Excellency's
approbation &c." and in 1776, the same in-
dividual said it was his "duty as well ai
inclination to submit if their choice shall be
confirmed by your Excellency's approba-
tion." At the commencement of the House
ef Assembly of Jamaica in 1671, it appears
that the Governor nominated the Speaker
who was then elected by the House and af-
terwards presented for His Excellency's ap-
probation, and during the whole period from
the time already alluded to, the Speakers of
that House have invariably been preseated
for approbation and have invariably used
the same language as the representative
branch of England. The Journals of that
Island afford a denial of the assertion that
ibe presentment cf the Speaker and the de-

444

ffltthnd and grant of the usu&l privileges are
mfere matter of form and courtesy. In
1765, the Speaker did not demand the usual
privileges when approved of, and the next
day, the Governor (W. H. Littleton Esq.)
addressed the Speaker, (C. Price Esq.) ia
the following terms, "Mr. Speaker, as you
onnitted at the time when I approved of the
choice which the House of Assembly made
of you to be their Speaker, to apply to me
for the usual privileges, I have sent for you
to ask, whether you will now make appli-
eation for them or not. The Speaker re-
plied " Sir, 1 do not intend to make any."
The Governor replied " Sir I once more
ask you whether you will now make applica-
tion for thera or not" to which Mr. Price
shortly said " Sir, I shall not." The Gov-
ernor theu replied, as it is ray duty to see
that the just order of the proceedings of the
House of Assembly is preserved, and their
privileges maintained as well as that His
Majesty's prerogative suffers no violation, 1
do in His Majesty's name dissolve the Gen-
eral Assembly and it is dissolved according-
ly. "In Nova Scotia iu 1806 both Mr.
Tonge, who was disallowed, and Mr. Wil-
kins who was confirmed, after election but
before presentation, expressed their thanks i
for the honour proposed to be conferred upoa ,
them, thereby publicly declaring that as yet .
they w^ere but inchoate Speakers whose ex-
istence had not yet perfectly taken place.

But it can be shown also by the Journals
©fth^ House of Assembly of this Province,

-445

that they have tacitly acknowledged thlg
right. Upon every new Parliament they
have invariably been directed and comnriand-
ed to present their Speaker for the appro-
bation of the King's representative. Thej
never denied this right, but always did as
Jhey were directed, and their Journals inva-
riably say in such terms as the followin;^,
*' that the house beinjj; returned, the Speak-
er stated that the Governor in Chief had
been pleased to approve of their choice.*'
Mr. Panet in 1793, 1797, 1801, 180(3, 1809,
1810, aad 1811, made use of nearly thesaKie
language whether frons a paucity of words or
not, it is ditlicult to iinajrine. He generally
stated that the choice of the house had fallejj
on him and he implored " the excuse and
comvnands" of Ills Excellency. Mr. Delob-
iaiere, elected on the appointment of Mr.
Panet to the Bench, said " that you will
be pleased to order the Assembly of Lower
Canada to do that which may be easily done,
that is to choose another person betterquaii-
fiedthan lam to fill that office, and fitter to
be presented to you on this present occasion."
Mr. Papineau the Ex-Speaker in 181.5, 1817,
1890, 182J, and 1825, {i;enerally made use of
the same lanj;uage, by imploring the "ex-
cuse and commands" of His Excelicney, and
after approbation has replied '* the manner
in which your Excellency has been pleased
to signify your assent to the clioice of the
Assembly, demands my warmest gratitude.'*
When Mr. Papineau, in 1823, resij;ped tha
Speaker's chair, in order tha,l he migiitpro-
24

446

teed to England in aid of the Anti-TJniois
Petitions, he addressed a letter to the Clerk
of the House of Assembly wherein he made
use of the following terms, " It is not there-
fore to avoid fulfilliag the duties of that hon-
ourable station with which it has pleased His
Excellency the Governor in Chief and the
House of Assembly to honour me."

Mr. Vallieres when elected in 1823, in Mr.
Papineau's stead, implored the excuse and
commands of His Excellency, and after ap-
probation, in his reply he returned thanks
" since the choice of the House of Assembly
has been sanctioned by your Excellency's
approbation." At that time he had not the
slightest idea that the approbation was '* a
mere matter of form or of courtesy."

NO. III.

(Seep, 4.6.)

PROVINCIAL PARLIAMENT OF LOWER
CANADA.: — House of Assembly.

Tuesday, Nov. 20th, 1827.

The following gentlemen took the usual
oath and subscribed the Roll, viz :

Messrs. Christie, Robitaile, Borgia, For-
tin, Letourneau, Blanchet, Boissonnault,
Lagueux, Samson, Bourdages, Proulx, Nel-
son of Sorel, Dessaules, De St. Ours, De
Rouville, Amiot, L. J. Papineau, Viger,
Quesnel, Cuviliier, Raymond, Heney, Les-
lie, Nelson of Montreal, Perrault, Valois,
Labrie, Lefebre, Turgeon, A. Papineau,
leroux, Poirier, Deligny, Mousscau, Bu^

il

447

reaiT, Caron, Dumoulin,, Ogden^ Cannon,
NeilsoD, Clouet, Vallieres de St. Real, Stu-
art, Young, Lagueux, Quirouet, 46; absent
Messrs. Laterriere and Larue, 2 ; elected for
2 places, 1 ; dead, 1 ;^total, 50.

At two o'clock, the presence of the Mem-
bers was required on the part of His Excel-
lency in the Legislative Council Chamber,
when the Speaker of the Council informed
them that his Excellency did not think fit to
declare the causes ofsummoning this Parlia-
ment until there be a Speaker of the Assem-
l)ly, and requiring them to choose a fit and
proper person to be their Speaker, to be pre-
sented for his approbation to-morrow at two
o'clock.

On the Members being returned, Louis
Bourdages, Esq. Member for the County of
Buckinghamshire, seconded by J. C. Letour-
neau. Member for Devon, moved that Louis
Joseph Papineau, Esq. Member for the West
Ward of Montreal, be Speaker.

C. R. Ogden, Esq. Solicitor General,
Member for the Borough of Three-Rivers,
seconded by N. Boissonuault, Member for
Hertford; moved that J. R. Vallicres De St.
Real, be Sneaker.

There being no debate, the question was
called for, and a divison being asked, the
names were required to be taken down, and
are as follows :

Yeas, {For Mr. Pa'pineau as Speaker,)
Messrs, Robitailie, Borgia, Fortin, Letour-.
neau,BlaQchet, L. Lagueux, Samson, Bour
dages, Proulx, Nelson of Sorel, Dessaules^

448

Do St. Ours, De Rtuville, Amiat, Viger^-
Q,uesDel,Cuvi!lier, Raymond, Heney, Leslie^
Nelson ofMonrreal, Penault, Valois, La4>rie^.
Lefebre, Turgeon, A. Papineau, Leroox;
Poirier, Delig;ny, Moiisseau, Bureau, CaroB'
Dumoulin, Canooti, Neilson, Clouet, E. C.
Lagueux, Quirouet, (39.)

Nays, Messrs. Ogden, (Solicitor General]^
Christie, Boissonault, Stuart and Young. (5.)

Mr. Papineau was accordingly conducted
to the Chair, where he ihanked the Hous&
for the renewal of their confidence, request-
ed a continuance of their support in maia-
laining the Rules of the House and preserv-
ing order and decorum in its proceedings.

Tile House then adjourned, till to-morrow
at one o'clock, and most of the Memhert
1»'itb a number of the Citizens, conducted
the Speaker elect to his lodgings.

Wednesday, 2IstNov. 1827.

The House met at one o'clock, and their
presence being required on the pan of Hia
Excellency, in the Legislative Council
Cham!)er, Mr. Speaker elect, and the Mem-
bers, proceeded thither, when Mr. Speaker
addressed His Excellency in the usual form,
acquainting His Excellency with the choice
of the Assembly.

His Excellency then said, in subsrancc,
that in His Majesty's name he disallowed the
nomination of Mr. Papineau, and required
the House to make another choice, lo be pre-
sented for his approbation on Friday, when
kfi'tvould inform them of certain iostructiout

relative to the affairs of this Province reccti^-
<!d from His Majesty's Gtoverument.

On returning to the House Mr. Papincfiti
took the Ciiair, upon which Mr. Neilsop ob^
ierved that the Chair was still occupied hjr
Mr. Papiueau, as the Speaker of the House,
and they were perfectly competent to pro-^
ceed to husiness.

' Mr. Ogden asked hy what authority Mf^
Papineau entered into that seat. His elec-
tion as Speaker had heen disallowed byths;
Crown, and he was now no higher in rianK
or authority than any other member of th'ef
House. He was nothing more than Mem-
ber for the West Ward of Montreal. They
had no Speaker nnd could not be looked up-
on as a House, till a Speaker had been cho-
ien with ihe appro1)atipn of the Grown. It
would he the duty of the Clerk of the Housci,
to report such proceedings as bad taken
place, in the Upper-Branch of ibq Legisla-
ture.

Mr. Stuart stated that Mr. Papineati'
should be cautious in taking the Chair.

Dr. Blanchet insisted on the propriety of
Mr. Papineau entering into the Chair of that
House. He had been chosen their Speaker
and until the new one was nominated, h©,
6nly could preside at their deliberationa.
The Clerk of the Assenildy did not belong
to their body, and was not a cntppetent per":
Bon to act on this occasion., jThe House wea
perfectly competent to proceed to husines*, ?
it had its Speaker and the alloAvance of ih^
Crown was perfectly unnecessary.

450

Mr. Paplneau reported that during the
time the Members had been in the Legisla-
tive Council Charaber, he had addressed
His Excellency the Governor in chief in the
usual form. To which His Excellency,
Through the Honorable the Speaker of the
Legislative Council, had addressed him as
follows :

Mr. Papineau, and Gerdhmenofthe Assemlly^

I am commanded by His Excellency the
Governor in Chief to inform you that his
His Excellency doth not approve ibe choice
which the Assembly have made of a Speak-
er ; in His Majesty's name His Excellency
doth accordingly now disallow and discharge
the said choice.

And it is His Excellency's pleasure that
you, Gentlemen of the Assembly, do forth*'
with again repair to tlie place where the
sittings of the Assemhiy are usually held,
and there make choice of another person to
be your Speaker — and that you present the
person who shall be so chosen, to His Ex-
cellency, in this House, on Friday next, at
two o'clock, for his approbation.

And I am further directed by His Excel-
lency to inform you, that as soon as a Spea-
ker of the House ot Assembly has been
chosen, with the approbation of the Crown,
His Excellency will lay before the Provin-
cial Parliament certain communications up-
on the present state of this Province, which,
by his Majesty's express command, he has
l^ea directed to make known to them.

451

Mr. Ogdensald he could not find any pre-
cedents in the History of the English Parlia-
ment, to permit such an assumption of au-
thority as the present— Mr. Papineau, the
Hon. Memher for the West Ward of Mon-
treal,and who had also the honour of serving
for the CouDly of Surrey, had assumed tho
Chair of that House though not its Speaker.
The instances in English History uhich he
had been able to find, went directly to the
contrary. He ought to leave the Chair.

Mr. Bourdages called on the honorable
member to cite his authorities.

Mr. Vallieres then read from Hatsell'a
Precedents the case of Sir Edward Sey-
mour, who on being disallowed in 1678, did
not return to the House, it seeming doubtful
whether he could act either as a member or
as Speaker. The proceedings in that caso
had been erased from the Lord's Journals,
though the discussions of the subject were
found in Grey's Debates.

Mr. Bourdages stated that the erasure of
the proceedings would seem to point out the
illegality of what the House of Commons
had done, and that they did not wish them
to act as precedents to future Parliaments.
The case Mr. Vallieres had cited was direct-
ly in favoL!'- ;>f his (Mr. B's.) opinion, since
erasures h<\d followed its entry.

Mr. Ogden was astonished at what had
fallen from the honourable member who had
just sat down. The precedent which had
been cited was directly in favour of the pre-
rogative of the Crown — it was astonishing

452

also, to hear some honourable members st«t-
ing that the Crowa had not the prerogative
of disaUowing their Speaker — a prerogative
tphich was tacitly allowed by their own acts,
did not positive law declare it. For what
purpose did the House go up that morning
to the Council Chamber, but to present their
Speaker elect, for His Excellency's appro-
bation ? Why should they do so if he had not
ihe prerogative to ;^rant that approbation ?

Mr. Cuvillier stated that the present case
was almost unprecedented. There Averq
only two cases on record in the English
History of the disallowance of a Speaker by
the King, and these instances were in 1450,
when Sir John Popham, and in 1678 when
Sir Edward Seymour, was disallowed.
These instances were looked upon with
shame by the English people, and no instance
could be found of a disallowance of a Speak-
er since the revoluiion in 1688, when the
Constitution was re-model!ed. Though the
House of Commons went up to the King,
for his approbation of their Speaker, this
was done as a matter of course, by poiitenes*
only, and the King could not disallow hira.
But allowing the king in England to have such
authority, no instance in the Colonies could
be pointed out to sanction such an assump-
tion. The whole proceeding of disallow-
ance was an encroachment upon the free
choice of the House of their Speaker, and
he would therefore submit a series of reso-
lutions, which he hoped would express the
Bdoso of the members. He then read the (oU

45S

lowing resolutiona, tending to dispute the authori'"
ty of the Ciowii to disallow a Speaker.

Resolved, 1. That it is necessarj' for the dis-
charge of the duties imposed upon this House, viiw
to give its advice to his Majesty, in the epactmehfc
of Laws for the peace, welfare and good govem-
raent of the Province, conformably to the Act of
the British Parliament, under which it constituted
and assembled, that its Speaker be a person of its
free choice, independently of the will and pleasure
of the person entrusted by his Majesty, with the
administration of the local government for the time
being.

2. That Louis Joseph Papincau, Esquire, one of
the Members of this House, v ho has seivcd as
Speaker in six successive Parliaments, has been
duly chosen by this House to be its Speaker in the
present Parliament.

3. That the Act of the British Parliament under
which thi^ House is constituted and assembled,
does not require the appvoval of such person so
chosen as Speaker, by the person administeiing
the government of this Province in the name cf
his Majesty.

4. That the presenting of the person so elected
as r**^ eaker, to the King's Representative for ap-
proval is foimded on usage only, and that such ap-
proval is and hath always been a matter of course.

.5. That this House doth persist in its choice,
and that the said Louis Jo:?eph Papineau, Esquire,
ought to be and is its Speaker.

Mr. Ogdea stated no motion could be received
till a Speaker was nominated, and the m2,ce on
the table, which was not now the case.

Mr. Vallieres stated that the members, who had
taken the side of the crov/n, argued that the House*
tacitly adm.itted the autho ity of the crown to dis-
allow, when they asked for approbation. Did not
the House at the same time ask for freedom of de-

454

bate, for their ancient privileges and rights, and
would they not be astonished if his Excellency
were to deny their requests. No instance could
be produced, since the revolution of 1688, of such
allowance, and in every respect the address to the
King's representative was but an act of politeness
on the part of the House.

Mr. Ogden was happy in having it in his power
to answer the Honorable member for Huntingdon
(Mr. CuviUier.) On many occasions he had heard
the Colonics cited as favourable to the views of the
former houses — when they were asked to vote a
civil list after the example of England — the ans-
wer was that the Colonies did not do so. He
would now cite an instance from Nova Scotia in
1806 when the Speaker elect was disallowed, and
a new one chosen in his place by the Lower House
of that province. He hoped the House would now
follow the act of the Colony they were so fond of
referring to tor example.

Mr. Quesnel stated Mr. Papineauwas the Spea-
ker of the House and the mace ought to be on the
table. '

Mr. A. Stuart stated though his opinion might
differ from that of the majority of the mem-
bers he would not shrink from addressing t«v>m.
He could not deal in the same roundness of asser-
tion or boldness'of assoveration as the Honourable
membei: for Huntingdon, (CuvilUer) but he would
make some remarks on what the gentlemen had
advanced — The mace could not be on the table
till a Speaker was chosen — they had no Speaker
and no motions could be mooted now. He would
not refer to the qualifications or the personal char-
acter of the individual who had been yesterday
chosen by the member? — but he would briefly re^
mark that their Speaker ought not to be a leader
of any party in that house — he ought to be an in-
dividual who was not hostile to the Executive part

455 »

of the Government, or in any way unfriendly to
the representative of the Sovereign. His duty is
to carry the flag of truce between the contending
parties in the body over which lie presides — it be-
comes him to carry the wliite flag of peace — not
the bloody flag of war. Would the House of
Commons of England elect an individual to tho
■ Speaker's chair who had rendered himself obnox-
ious to the Government by liis gross inconsistency
of conduct ? — certainly not. No Speaker would
there be chosen who had placed himself in person-
al collision with the Government, and such a
choice if made would never be acquiesced in by
the people. The duty of the Speaker is well de-
fined. He is a mediator — he is to preside over a
popular body from its very nature equally liable to
storms as the ocean. The election of an individ-
ual the known head of a party would in England
be considered a disgrace if such an election ever
shoald take place, but the good sense of the peo-
ple of that country rendered such a supposition
improbable. — They elect the Speaker for purposes
of public good (a duty not to be expected from tho
avowed head of a party) and for the purpose of
allapng the difficulties which arise in a populnr
body. That the Crown has a right of refusing tho
Speaker named by the House has never till this
moment been denied. !t is absolutely necessary
that a person should be chosen whose character
and disposition were such as to be agreeable to
that branch with which he was to be continually
in communication. It is also absoluteh'^ necessary
that the power should exist in the Executive to
give or refuse its approbation of the choice mada
by the House — As far as authority and law go,
they had no right to proceed to any business till
the Speaker was named, and he could not he^
named till the approbation of the Governor was
attained — If the law was such how could the macfe

456

o^f the Speaker be placed on the table without flying:
^iirectly in the face of that authority which had de-
clared its disappixbation of their choice — how could
they proceed to the consideration of any business,
without the approbation of the Government. The
Clerk of the House is the individual lo whom all
the addresses of the members ought to be spoken:
he is then chairman — he acts as such ex neceesi-
tate rei — there is no necessity that the Speaker
elect, should on this occasion have taken the chair
to report M'hat had occurred this day in the Upper
House — for any one of the members was compe-
tent to declare such proceeding as they were to
etate the order of yesterday to elect a Speaker..
The Speaker chosen by the House takes the Chair
Bubject to the approbation of the Governor in
Chief — he has only a quasi possession of it, till the
period when he goes up to the Upper House — for
nis appointment is subject to a defeisanee or a fur-
ther confirmation by the Executive. He is noth-
ing more than an inchoate Speaker — a Speaker
yet in embryo or he may be considered as an ab-
solute Speaker whose title is absolute, should the
conditions to which it is subject not be enforced.
The approbation of the Executive not being given,
he ceases to be a Speaker. He is the organ of
tliat House only till the choice is finally determin-
ed and who is the competent authoiity to deter-
mine that choice ,? The Government only. Th.e
Governor acting for the King had disapproved of
their Speaker elect and he is a competent author-
ity. To what tribunal could thej^ appeal but to
themselves — They must in all particulars elect ac-
cording to the law of the land.

Mr. Neilson said the House were called on to
«l©ct a Speaker, but it since appeared they were
Dot to elect.

Mr. A. Stuart. — By law we have proceeded m
mm choice and have done what we could — but

457

the work is not finished. We have the free choit* '
and power to choose whom wehke, and now that ■
we have been sent back to re-consider our choice,
we can again elect Mr. Papineau and again prf>
eent him for approbation. — If again disappioved of
we must proceed de novo. The present incum-
bent ought only to have made the communication
he had received, and nothing more. His assum-
ing the chair at the present tim.e is an usuiped au-
thority, and could riot be countenanced. Tbe
mace must not be put on the table.

Mr. Papineau stated his intention to have been,
only to have made the communication of proceed-,
ings and then retire, because he locked upon the>
Clerk as not a competent organ of communicti.- '
tion. He then left the Chair.

Mr. Cuvillier moved his first resolution.

Mr. Ogden opposed it on the ground that tl>e,
Clerk could not listen to any motion that did not
relate to the election cfa new Speaker. They had
no reasons to cfler for their choice,andat the same
time that they so strenously insisted on their own
privileges, they ought not to forget that the other
branches had theiis.

Dr. Labrie stated, they had all an account yet to '
render to their constituents. — The Doctor moved
an adjournment till tc-morrowat 10 cf the clock,
which was seconded by Mr. Ogden, and carried.
Thursday, 22d November, 1827.

The house niet at 10, pursuant to adjcurnrnent.
The Cieik stated that at the adjournment the}-
were considering Mr. Cuvilier's 1st Resolution
which had been seconded by Mr. Leslie. Mr. Og-
den stated, he had opposed the motion yesterday/
as tending to destroy the privileges and the prerog-
atives of the down. They had no right to have*
any motion before them, but elect a Speaker. He
was soriy that so much time had been lost, but it
bad given him an opportunity to search for pre-^
ficdenta. He had found that the House cf Com-

458

mons in 1672, acted differently to what the House
of AssembI)? were now doing. Then, a member
had made a complaint of privilege previous to the
confii-mation of the Speaker by the Crown, and it
was decided that no proceedings could be had till
a Speaker was approved. Let the motion before
the House be for the re-election of Mr. Papineau,
and he could not object to their hearing it, but to
bnng forward a string of Resolutions was contra-
■ ry to what he conceived riffht. He therefore, en-
tered his protest against such an illegal, unprece-
dented and unwarrantable proceeding. The mem-
bers who had urged these Resolutions ought to
cite precedents to satisfy the new members of thkt
house. He had shewn a precedent of the rule to
be adopted. Upon what grounds were they pro-
ceedmg ? By what rules were they to be bound ?
By their own ; which said that reference was to
be had to the Commons of England, where their
own rules were deficient.

Mr. Cuvillier said, they could only proceed to
the election of a Speaker. Did not the Resolu-
, tions before the House, by declaring Mr. Papin-
eau the Speaker, relate to that subject? The
House claimed a right, viz. that Louis Joseph Pap-
jJieau was the Speaker, that the act of the 14 Geo.
HI. gave no power to the Governor to disallow the
motion of the House. If the motions were foreign
to the object of the Speaker's election, the Clerk
could refuse them, but they were perfectly in order.
Mr. Neilson.— Many examples might be found
m the Journals when motions were received before
the ratification of the Speaker, concerning writs of
election.

Mr. Ogden.— They have all since been expunged.

Mr. Vigersajd, that the Hon. member for Thrce-
Rivers (Ogden) was correct in saying, that if they
employed themselves in debating* any subject for-
eign to the election of the Speaker, it should be

459

laid aside, — for the House must have a Speaker,
before we could proceed to business. It was a
principle well established, that a motion, not per-
tinent to the subject, could not be received. But
the present Resolutions were relative to matters of
debate. They were losical deductions from mat-
ters of fact, and estabHslied principles from which
consequences wer^ to be drawn,

Mr. A. Stuart would keep himself to the point
in question. He had yesterday endeavoured tn
prove the Governor had the prerogative of disal-
lowance, and he had heard notliiug advanced to
the contrary. How can the House send these
Resolutions to the Governor ? By what organ ?
— They should act in accordance with that respfrt
and kindness that ought to exist between the two
branches. The members ought to keep up the
forms. The only way was by an address. The Hou- e
must go on Friday with their new Speaker. He
never heard of Resolutions being sent to the King
or his representative in the manner proposed, and
he knew not how the Resolutions could be sent to
the Governor. The House of Commons, in Sir
E. Seymour's case persisted in their choice, and
voted an address to the King stating their reasons
for persisting. The King replied in the negative,
upon which debates took place. The example
might here be followed — this was a form, though
some members despised form, and thought more
of their own understandings than the wisdom ol'
ages. If the House was determined to inform the
Governor of their purpose, they must do so by ad-
dress.

Mr. Quesnel. — If by following the House of
Commons, they did it suaviter in modo — they
ought to act fortiter in re. The representatives « »f
this country knew their rights and had two metli-
ods of sending the Government notice to their in-
tentions— and that was by address or by message.

4^0

Tiie reasjon of Mr. Seymour's disallowance, ha4.
been the Icing's promoting him to a more elevated
rank, but the House wished to retain him. Iftho
Governor had stated his intention to make Mr.
P'apineau Chief Justice, they might still think ho
"waa £oing to serve his country, and act according-
ly. But no such offers had been made, and the
^tJouse must persist in their choice and adopt tho^
llijsohitions.

Mr. Christie said, the 1 st Resolution wa.s am-
biguous and wished Mr. Cuvillier to state whether
ho would pretend to say the Crown could elect in-
dependently of the Sovereign. He hoped he would
bo precise and explain his views.

Mr. Cuvillier. — The resolution explains itself. '

Mr. Borgia addressed the Clerk, but in a voice
too low to afford us an opportunity to report. He
said, , the precedents quoted were during the
Reign of Chas. '2d, when lib3rty was but feeble —
during a most stormy period. To the honour of
the House of Commons, the proceedings were ex-
punged.

Mr. Ogden ftiovedthe previous question, wheth-
er the Resolutions would be heard.

Mr. Stuart seconded the motion.

For motion, 4 Against, 39.

Tlie Resolutions were then carried.

Mr. Papineau than took the Chair, and the
Mace was put on the table.

Mr. Ogden asked, by what authority Mr. Pa-
pineau took the Chair and the Mace was on tho
table — whether by a new election, or by a perse-
verance in their former choice.
; Several voices, " by former choice." .

Mr. Ogden, Stuart, Young, and Christie, imme-
diately left the House.

Mr. Vallieres moved an address to the Governor
which he said was nearly the sa -ne as in Sey-
Kwur's case, explaining their reasons for persisling;

461

« . . >•

Hi? Excellency could not refuse accepting t!ie ad»
<lress, as the King had done so in Seymour's case.
The King had made certainly a short answer, but
still he noticed. Mr. V. moved, that messcngeri
he appointed to carry the address. Messrs. Val-
lieres, Cuvillier, Bourdages, Letourneau and Pa-
plncau, wore appointed.

The House adjourned till to-morrow, Friday, at
1. But the House never rnet again, being pro-
rogued by Proclamation.

NO. IV.
(p. 97.)

Extracts from the Resolutions passed at a
General Meeting of thtinhahiiants of Montre-
al, 5th Be,cemher, 1827.

"Resolved,— That anion,? other unconsti-
tutional powers which the Mouse of Assem-
bly has arrogated to itself — the claim set up
on a recent occasion to appoint its own
Speaker, independently of the allowance,
and approval of the Kioj^ or of His Majesty's
Representative, is in the opinion of this
Meetinj? without precedent in tite practice of
the British Parliament and Colonial Assem-
blies, and highly dangerous, and subversive
of the undoubted and hitherto undisputed
rights and prerogatives of the Crown in tbii
Province.

*' Resolved, — That in the opinion of this
Meeting, His Excellency the Governor in
Chief, under such trying and unprecedented
circumslauces acted with a wisdom ao^^

462

firmness becomiog his high character, an(
Trith a proper regard to the rights and digni-
ty of His Majesty's Crown, and the welfare
of the inhabitants of this Province, in assert-
ing His Majesty's prerogative, and in proro-
guing the Provincial Parliament, a measure
which whatever temporary inconvenience
may arise from it, was the only one which
his Excellency could consistently adopt with-
out compromising those recognizedRights, —
in the maintenance of which the inhabitants
of this Province are very deeply interested."

Extract from the Address founded on the
above Resolutions, yresented to His Excellency
the Governor in Chief.

*'But although we had observed with
melancholy presentiirseuts the tendency of
the course adopted, which from the defec-
tive state of our representation, derived on-
ly from the Seignories, was unalterable ex-
cept by some interposition of the Parent
Country (such as occurred to repress the in-
justice attempted towards Upper Canada,)
we w^ere nevertheless not prepared for so
sudden an exhibition of the spirit of domina-
tion, so haughty a disregard of the Preroga-
tives of the Crown, and so wanton a viola
tion of the Constitution under which alone
they exist, as has been manifested by the As-
sembly, immediately before the recent pro-
rogation.

»* We feel deeply that k has been to tho
power and prerogatives of the Crown that
tiader Providence wo must chiefly ascribe

463

the preservation of those characteristics hf
which this province can be distinguished as
an English Colony. We feel that these pre-
rogatives and power, necessary to good gov-
ernment throughout the British dominions,
must be to us in this Province more essen-
tial, as constituting our chief refuge in dan-
ger, our strong tower of defence against
feudal ascendancy, and our sole reliance
against anarchy and confusion."

Extract from the Resolutions passed at a
similar meeiinsr, held at Three Rivers, Decem-
ber, 1827.

" X. That it is both with sincere and ex-
treme regret this meeting witnessed, shortly
after the prorogation of the said , twelfth
Provincial Parliament, the conduct of seve-
ral leading members of that Parliament,
headed by the Speaker of the House of As-
sembly, L. J. Papineau, Esquire ; conduct de-
serving the highest censure of a free people
knowing the bounds of their constitutional
rights and privileges, in as much as, by pub-
lications and other inflammatorj' means, ad-
dressed to the passions and prejudices of a
simple but honest and loyal peasantry, they
endeavoured to destroy the wonted respect
entertained by the people of the King's Re-
preseutativs in this province, by defaming
his personal and parliamentary conduct; be-
ing in his latter character alone responsible
to parliamentary check and inquiry, and ia
the former to himself and the laws ofbi»
Country.

*' XL That it is with equally deep and sin-

464

•er© regret this meeting have 'witnessed a
party, hy no meanis inimical to the views of
the same individual, during the late elections
and at various other times, endeavouring to
establish national and religious distinctions in
a Province where it is the interest of all to bo
united under on© King and Government,
and where every individual is protected in
the worship of his God in the w' ay mostap^
proved by his conscience ; and where, in ono
word, priest and people are equally protect-
ed in their secular as well as sacerdotal right*
tad immunities. ;

*'XII. That, therefore, the thanks of this
Meeting are in a peculiar manner due to Hi«
Excellency the Governor in Chief for hav-
ing, at the late Meeting of the first Session
of the thirteenth Provincial Parliament, ex-
ercised thai brjinch of the royal prerogative,
which in common with every other negativo
power, is so essentially the legisl.'itive capa-
city of the Crown, allows a negative, upon
the House of Assembly's choice <if Speaker,
with respectlo thesnid L. J. Papineau. Esq,
an individual who has iderdified himselfwith
the most unwarrantable breaches upon ouir
Constitution, and the njost unjustifiable in-*
tults to Kis Majesty's Crown and dignity,
through the person of his tioble representa-
tive in this Province.

*'XIII. That it is with abhorrence aucf
alarm this meeting have heard of the unpre-
cedented assurance of the House of Assem-
bly, last above referred to, in violating the
C@DstituiioD and the King's just and legal

465

.jfiferogative, in presisting to declare thew-
'«hoico of Speaker absolute, without the ap-
probation of His Majesty's representative,
according to the ancient customs of both Im-
perial and Provincial Parliaments.

XIV. That the thanks and gratitude of
this Meeting are also due to His Excellency
the Governor in Chief for his constitutional
firmness in withstanding so violent an attack
upon His Majesty's lawful prerogative."

Extract from the Address, to his Excellency
the Governor in Chief, founded on the forego--
ing resolutions. *

'* We also complain, that thoy have r(&-
fused to admit your Excellency's negativj*
tipon their choice of Speaker, and persisted
in declaring that choice absolute without the
Rpprobation of your Excellency ; thus de-
nying an undoubted Prerogative ofthe Crown
and an inherent principle in the Constitu-
fion ; and that their uniform disregard nod
contempt of your Excellency's recommend-
ations, even when accompanied by instruc-
tions and despatches from his M;ijesty's Pa-
ternal Government, betray a spirit no les^
destructive ofthe supremacy of the Mother
Country, than hurtful and prejudicial to tho
true interests of his Majesty's loyal subjects
in this Province. We complain, moreover,
that a leading and influential party amongs£
them, untrue to their duty as representative*
of a free people, arid disregarding that gco-
«rous spirit of conciliation which should ever
characterize the people of this Province, &ii4

466

jr>«rmanotJlly unite them in one bond of na-
tional feeling and sentiment, avail thomselve*
of every means and opportunity to institute
civil and religious distinctions for purposes
as unworthy of true partriotisra as detriment-
al to the happiness and prosperity of this pari
of the Uritish Empire." -

. Ei'tract from the Resohttwjis of the liki
meeting held at (Quebec, 24/A December, 1827.

1. Ilcsolved — That in the opinion of thi*
meeting, it is the well-estahlished prerogative
of Mis Majesty to disallow or confirm the,
Election of the Speaker of the Assembly of
this rroviuco.

2. That, in the opinion of this meeting,
the public conduct of the person elected to
1)0 the speaker of the Assembly, at the lato
meeting of the Provincial Parliament afford-
ed sultk'icnt grounds for the disallowance of
his Election, and that the exercise of that of-
fice by him was incom|)atihlo with the good
understanding which ought to subsist between
the Assembly and the other Branches of the
TjOgislaturo.

3. That, in the opinion of this meeting, the
Assembly by pertinaciously jiersevering in
an election, which, in the exercise of the Roy-
al Prerogative, had been disallowed, render-
ed the prorogtition of the Legislature matter
of indispensable necessity, and is chargeablij
with all tiie public inconvenience and injury
consequent on an interruption of the pro-
ceedings of the Legislature."

467

Extract from the Address founded on the
above Resolutions.

" We, His Majesty's dutiful and loyal sub-
jects, Inhabitants of the City and vicinity of
Quebec, beg leave most respectfully to ap-
proach your Excellency for the purpose of
expressing the entire satisfaction we have
derived from the firm and dignified conduct
evinced by your Excellency, on the recent
tiieetiug of the Legislature of this Province,
iQ the judicious exercise of the Royal Prero-
gative, by the disallowance of the Speaker,
chosen by ihe House of Assembly, and in the
Prorogation of the House on their subsequent
proceedings.

" The Prerogative of His Majesty, to dis-
allow the Election of a Speaker of the House,
we maintain to be incontestil)le and co-ordi-
nate with the right of approval of that choice.

•' We deeply regret in common with other
of His Majesty's subjects, solicitous for the
welfare, peace and Constitutional Govern-
ment of this part of Flis Majesty's Dominions,
that a sufficient regard for established autho-
rity and for the Public Interest was not found
in the Majority of the House of Assembly, to
have restrained them from their pertinacious
perseverance in the Election of the person
disallowed by your Lordship; and while wo
view the interruption of Public Business by
the Prorogation of the Legislature as a most
serious evil to the Province, we are at the samo
lime fully satisfied that under circumstances,
there was no alternative left for your Lord-
ship,oa this uncommon and trying occasion."

46S

NO. V.

, COURT OF KING'S BENCH.— Quebec.

Chasseur vs. Harnel.

^hia important case came regularly before the
Court on Wednesday last when itwaa ably argued
by the Attorney General, on behalf of the Defen-
dant, the Counsel for the Plaintiff not appearing
to euppoit his dcmuirer : — and on the last day of
the Term the Judges proceeded to give judgment
as follows :

Chief Justice. — This is an action for a trespass,
or volde de fait. The declaration of the plaintiff
sets torth that the defendant entered into the
[>laiatitr's house, and seized and sold certain arti-'
cles of moveable property, belonging to the plain-,
tiff, without any lav.'ful authority so to do ; and
therefore he prays colnpensation in damages. The
defendant, by an excepiion peremptoire en droit,
justiiies the entry, seizuie and sale of tlio property
in question, und-^r the authority of a judgment
awarded by a Militia Court INIartial against the
defendant, for a line of ten shillings incurred un-
der and by virtue of the provisions of the ordin-
ances of the ^Tth Goo. III. cap. 2, and 29th Geo.
Ul. cap. 4, fai a breach of duty. This justification
iho plaintiff has traversed by a general denegation
of the fact and of the law. The cause has been
heard upon the pleadings, and the question sub-
tnitted to us i:?, whether the justification be a suf-
ficient bar to the action ? if the matters of fact
stated in the plea bo true, aiul this question turns
entirely upon the inquiry whether the Militia Or-
tjinance pass :d in the 27th and 29th Geo. III. bo
or be not now in force.

These ordinances wore passed by the Governor
and Legislative Council, under the Quebec act,
Wore the establishment of the present constitu-
tipn, tvad were permanent acts. But by the Pro*

I

469

Tincial Statute 54 Geo. III. cap. 4, they were re-
pealed in these woids : — " And be it further en-
*' acted, that from and after the passing of thi«
^* act, ai ordiiance of the late Piovinceof Quebec^
"** passed in the 27ih year of liis Majesty's leign,
" intituled, itc. and also a . ordinance passed ia
■" th3 2i)th year of his Majesty's reign, intituled,
" &c. shatl ho, and they are hereby repealed," Th©
Provincial Statute 34 ueo. III. c. 4, was not, how-
ever, a permanent act : it was a temporary act ia
consequence of the 35th section which is in these
woids : " And be it fuither enacted, by the au-
•* thoiity aforesaid, that this act shall be and con-
" tiuue in fo^ce f om the passing theicof, until tha-
" first day of July, which will be in the year of our
" Loid 1706> and no longer." And from hence haji
arisen the doubt whether the o.dinances lepealed
by this s.atute were repealed permanently, or tern*
poi a:, ily.

I admit the principle that a temporary act may
repeal a permanent statute ; but lo effect such a
repeal, the intention of the legislature to be so
shv uld, in my opinion, be manifest ; for, prima,
face, an act which is declared by the legislature
ger!erally to be temporary, otight to have no other
than a tempo aiy effect. "If," says Mr. Justice
Bayley, speaking of the usual clause of continu-
ance in tempoiaiy acts, in the case of the King vs.
Rof'-ers, (10 Eist, p. 575) "this act mean tho
*' whole cf the act, then there is an end of tha
" question. — And I consider it as relating to tho
" whole act ; and after the time limittd by the act
" for it to have effect, I consider the question the
•* same as if that act were no longer to be found 'm
" the statute bock."

If the present case had stood upo(n thisgiound^

I should have thought it to be a case in which tha

intention of the legislature to repeal {-eimanently,

wa3 particularly lequircd to be manxlcst upon th^i

25

470

face of the statute ; the consequence of a perma-
nent repeal of the ordinances would have been to
leave the province, its government, and its inhab-
itants, vt'ithout the p"otection of a Militia, and so
far in a defenceless state, in the immedia'e vicini-
ty of a foreign dominion ; and to presume such
an intention in the legislature by mere const-'uc-
tion, is that which, in my opinion, could not be
done.

But the case stands ui30i batter ground, name-
ly, the construction of the Legislature itself as to
the effect of the 34th of Gao. the III. cap. 4. upon
the ordinances v/hich is expressed in the subse-
quent statute of the 43d Geo. III. c. 1. sec. 53. To_
explain this, I mu':t obsei-ve that the 34th Geo. III.
c. 4. was continued by the 38th Geo. III. c. 1. sec.
63, to the first of July 1802, and f/om thence to
the end of the then next Session of the Provincial
Parliament ; both these Statutes, however, were
repealed by the 63 J section of the 43d Geo. III.
and to prevent the operation of the Ordinances
of the 27th and 29th G;o. III. which, inconse-
quence of this repeal of the Statutes, would have
revived, if their repeal was temporary. They (the
ordinances) by the same 53d section, were again
repealed duiing the continuance of the 43d of
Geo. III. ; and this clearly shews that the previous
Statutes and the suspension of the ordinances
which they con tain ea, were considered by the
Legislature to be co-equal in their duration, and
consequently that the o iginal intention of the
Legislature was to effact a temporary repeal of
the Ordina :ces and no more. Had it been other-
wise, and their original intention had been to ef-
fect a permanent rep3al, there would have been no
necessitv for a second repeal.

It will be admitted that the Legislature is the
best interpreter of its own intentions and of its own
acts : and as no alteration has been made in any

471

Statute subsequent to the 43d Geo. III. which
bears upon the question now before us, and tha
original repeal of the 0 dinances was temporary
and not permanent,we are of opinion that upon th«
the expiration of the last Statute 5 Geo. III. cap,
21. on the first of May 1827, the Ordinances re-
vived and have since continued to be and still are
in force.

Kerr, J. — Since this question first came to be
mooted, I never entertained the least doubt upon
the subject. It is entirely a question of construc-
tion that is, whether the probationary statute 34,
Geo. III. cap. 4. and the subsequent expeiinent-
al acts did, or did not, operate a permanent re«
peal of the Provincial Militia Ordinances ? The
very preamble of the 34th of the late King shew*
the anxiety of the Legislature to provide for the
protection and security of the Piovince, and that
it is considered a well organized Militia as the
best means towards thege objects. The words irj
the preamble are " whereas a itspectable Milj-
" tia, established under proper regulalicns, is es-
" sential to the protection and defence of thisProv-
" ince." The same vv'ords are to be found in the
next, and, I believe, in every succeeding temporary
act relating to the Militia , and are we in the ab-
sence of any express enactment to presume that
the Legislature intended, by the clause of repeal
in these temporary statutes, to withdraw from
the Province that protection and security which a
Militia is calculated to afford ? There is not only
an abaence of a plain and clear dec}a:ation of tjie
intention of the Legislature that these ordinance*
should be for ever repealed : but a presumption of
the strongest kind, derived fiom the words of the
temporary acts to the contrary. There is another
circumstance which has veiy great weight on my
mind, derived from the Civil Law of the country.
Here the Militia are, in seme respects, miniatexi

472

•*f jastice, adding; strength to the civil arm,
as well as a militnry force for its defence ;
and can we presume that the Legislature
ifaould he so wanting to the interest of their
fellow-cirizens, as to meditate the depriving
the civil magistrates of their support T The
authority of the King vs. Rogers, is to my
mind conclusive, and I am of opinion that
judgment should be entered for the Defend-
tots. ,

BowEN, J. — I also heartily concuv* in tho
result of the opinion just delivered by tho
learned Judges who have preceded me, al-
.though when the revival or non-revival oT
the Militia Ordinances, first came under con-
tideration in another phice, where I hnvo
the honour to hold a sear, the opinion which
I then entertained was different. — Thisliow-
ever proceeded from my having over-looked
the second repeal of ihese Orditiances con-
tained in the 53d sec. of the statute 43 Geo.
Ilf. c. 1. and having considered the question
solely upon the words of repeal as contained
in the first statute 34 Geo. III. c. 4. Tho
latter is etititled " An act to provide for
•♦the {greater security of this Province hy tho
** better regulation of the Militia thereof, and
•* for repealing certain Acts or Ordinances
•* relating to the same." The preamble re-
** cites thai •' a respectable Militia under pro-
•• per regulations is essential to the protec*
** tion and defence of this Provinct; and tho
"laws now in force are inadequate to the
** purpoHOs intended." The 31st sectiua
iheo euacu *' that from aad after the pa«-

473

** sing of this Act— (March 1793,) an Ord-
" iiiauce of the late Province of Quebec,
** passed ia the 27th year of his Majesty's
*' ReigQ, eotitlecj "An Ordioaoce,* &c.
•' and also ao Ordinauce passed ia the 29th
*' year of his Majesty's ileign, entitled *' An
*' Act or Ordinance,! &c. shall be, and
'* they are hereby repealed." — And by tho
35th section, it is enacted " that this Act
*' shall be and continue in force from tho
*' passing thereof, until the 1st of July, 1796,
" and no longer, provided always that if at
" the time above fixed for the expiration of
*' this Act, the Province shall be in a state
" of war, invasion or insurrection, the said
** Act shall continue and be in force until the
•' end of such war, invasion or insurrection."
What XV j\s the intention of the Legislature
in any case, can only be collected from tho
Janguage used by it in its enactments, and ia
every such case it becomes a question of con-
struction as to what the Legislature really
intended.

It EJ a clear rule that by the repeal of a
repealSnjj; Statute, the original Statute ia re-
vived, for by so doing the Le;2;islalure de-
clares that the repeal shall no longer exist,
'and it is the same thing if the repealing law
itself provide that the repeal shall be only
temporary. But it is not true, as has been
asserted, that a perpetual law can in no in-
stance be repealed by a temporary one ; for
it is an undoubted principle ia law, that a

«27th Geo. 3. c. 2. t29th Geo. 3» c. 4.

474

fltature, though tempornry in .some of its
provisious, may have a perinaueut operalioa
in other respects. Tliia point catne under
discussion in the Court of King's Bench ia
England, in 1803,* when tiie question wa»
irhether the Statute 26, Geo. HI. c, 108, sec.
27, which repealed the Stat. 19 Geo. IJ. c.
35, having itself expired at the end of th»
Session of Pailiameni, after June 1795, th»
Btat. 19 Geo. II. did not revive ; and Lord
Elicnhorough in delivering the opinion of
the Court expresses himself thus, ** that
*' would not necessarily ft)ilovv, for a law
*' though temporary in some of its provision*
•* may have a permanent operation in other
•* respects. Tiie Slat. 26 Geo. III. c. 108,
•* prof»-sses to repeal the Stat. 19. Geo. 11.
" c. 35, abstjlutcly, thoufjh its <j\vn provis-
•♦ ions which it suhstitutcd in t'uc place of il
" were to he only temiioraj'y."

With a view to the construction for which
I formerly contended, it nwiy not be alto-
gether unprofitable to compare the words of
repeal as contained in the 26th George lU.
cap. 108, with the words of repeal in our
Provincial Statute to uhichi have already
referred, — •' and he it further enacted by tha
** authority aforesaid, tliat this Act shall
,?.i cotnmence and take place upon Monday
f*^.the 24th of June 1795, and from thenc«
** to the end of the then next Session of Par-
♦* liament. and that from and after the said
** 24th July 1786, the said rtciiCd Acts of th«

♦3, East, p. 206, ^Varrtn vs. Windlo.

475

•• 19th. 23r.?. 24th, 3l3t,32f! Geo. TT. and of
•* th« 6th anrl 21st years of the Kei<;n of
** hi* present Majesty, shall he, and is, and
•' are herehy repealed." Words of repeal,
which according to rny construction of them,
ere in nowise more al)solute thrsn those con-
tained in the Provincial Statute 34 Ceo*
c. 4. Theuseoftiic words "this Act" itt
the foregoing clause, aff(»rds an answer to
much of the argument founded upon the case
of tiie King vs. Rogers,* which has heen
relied on as decisive of the question under
consideration. That case so far, in niy opi-
nion, fi'om over-rurniiig the principle for
which I contended, goes directly to strength-
en and con!ir:n it. Lord Elleidiorough ther^
said " It is a question of construction on eve-
ry act professing to repeal or interfere with
the provisions of a former law, whether ft
operates as a toial or a partial and tempora-
ry repeal. Here the question is whether
the provisions of the Slat. 42 Geo. IIL
which was originally perpetual he entirely
repealed by flic 46th oftiie King,, or only re-
pealed for a limited time. The last Act re-^
cites indeed that certain provisions of tho
former Act shoidd he repealed; hut this
word is not to he taken in an absolute, ifi{
appear upon the \vh<de Act to he uaeil in 9
limited sense only." I trust enough hag
been shewn, were it any longer an open
question of construction, or were it necessa-.
r? to justify tho o])iniou formerlj entertaia-

*10, East, p. 569.

476

s^i by mo of the subject, that the rcpenl In
ihe Statute of 1793, {34th George III.) wm
Then cooternpialed as an absolute repeal.
But the saroe Legislature iiaving subsequent-
ly in 1803, (and it is upon thi^ ground alone
that I yield my former opinion to which I
must still have adhered whatever might havo
been the consequences) taken from me tho
right to inquire at present what might have
been its true intention in 1793 by again re-
pealing the Ordinances in question ; this Le-
gislative interpretation of the clause of repeal
ia the Statute ol 1793, must therefore havp
tho effect to preclude me from putting any
other or different interpretation upon the like
words of repeal contained in the Statute of
1803 which after being continued by various
Statutes was suffered to expire on the 1st
May, 1827. The supposed trespass for
which the Plaintiff seeks to recover damages
from the defendant in the present instance,
being acts done in pursuance of the revived
Ordinances, I am of opinion with the oiher
Judges that it proved they do, in law, amount
to a justification of the Defendant.

Tackereau, J.— -This case falls within the
principle of the cases cited by ti)e Defendant.
It is evident that there w as no intention in
the Legislature to repeal permanently tho
Malitia Ordinances and that the words and
good sense of tho several Statutes referred
to require that construction. Therefwr©
J43dgcaeDt must be for the Defendant.

417
. Vf.

Bill to make further provision towards de^^
fraying; the Civil Expenditure of the PrO'
viociai Government.

Most GracioDfs Sovereign — Whkreas, by
Messajce of His Kxcellency, Sir Jame>
Kempt, Knight Grand Cross of the most
Hononiable Miliiary Order of il;e Baih, and
Admini^tralor of liie Government of Lower
Canada, hearing date iht- lnt'nty-eij;hth <lajr
of January, one tiumsand ei^ht liundied and
twenty-nine, laid before both Houses of th«
Legishiture, it appears that the funds alrea-
dy appropriated by law are not adequato
to defray the whole expenses of His Majes-
ty's Civil Government of this Province, and
of the Administration of Justice and other
expenses tneuiioued in the said Message;
and whereas it is expedient to make further
provision towards defraying the same for
the year commencing one thousand eight
hunched and twenty-nine, and ending on the
31st day of Decemh-er in the same year:—
We, your Majesty's most faithful and loyal
Buhje<ts, the Commons of Lower Canada,
in Provincial Parliament assembled, most
humbly beseech your Majesty that it may bo
enacted, ami bo it therefore enacted, &c;
And it is hereby enacted by the authority
ofthesairie, that from and out of the unap-
propriated monies which now are or hereaf-
ter shall come into the hands of the Receiv-
er General of the Province for the time be-
ing, there shall be supplied ^ixd paid toiiviirds

47S

ilofraylng the expenses of the Administra-
tion of Justice and of the support of the Civil
Governnient in this Province, for the year
commencing on the 1st day of January, 1829,
and ending on tlieSlst day of December iu
the same year, such sum or sums of money
as together with the monies ah'eady appro-
priated hy law for the said purpose, shall
amount to a sum not exceeding £54,542 2s.
6(1. sterling.

II. And be it further enacted by the au-
thority aforesaid, that the due application of
the monies hy this act appropriated, shall be
accounted for to his Majesty, his Keirs and
Successors, through the Lords Commis-
sioners of his Majesty's treasury for the time
being, iu such manner and form as his Ma-
jesty, his Heirs and Successors shall be pleas-
ed to direct.

, III. And he it further enacted by the au-
thority aforesaid, tiiat a detailed account of
the monies expended under the authority of
this act, shall be laid before the Assembly of
this Province, during the first fifteen days of
the oext Session of the Provincial Parlia-
ment.

]VO. Vf ff.

Aq Act to make further provision toward*
defraying the Civil Expenditure of tho
Provincial Government.

22d March. 1825.
Mo3T Gracious Sovkrkign, — Whereas

k>y Message of his Excellency the Lieuteuaiit

479

Governor, bearinjij date the eighteenth day
of February, one thousand eight hundred and
twenty five, laid before both Houses of th»
Legislature, it appears that the funds already
appropriated by hnv are not adequate to de-
fray the whole of the expenses of your Ma-
jesty's Civil Government in this Province,
and of the adiriinisiration of Justice, and
other expenses mentioned in the said Mes-
sage; and whereas it is expedient to mako
further provision to\vards defraying thesama
for the year commencing the first day of No-
vember, one thousand eight hundred and
twenty-four, and ending tlie thirty-first day
of October, one ihoiisand eight hundred and
iwenly-five; We, your Majesty's most duti-
ful and loyal subjects, the Commons of Low-
er-Canada in Provincial Parliairif nt assem-
bled, m(jst liund)ly beseech your Majesty,
that it may be enacted, and be it enacted by
the King's most Excellent Majesty, by and
with the advice and consr-nt of the Legisla-
tive Council and Assembly of the Province
of Lower-Canada, constituted and asi'tmbled
by virtue of and under the authority of aa
Act passed in the Parliament of Great-Bri-
tain, intitled, " An Act to repeal certain parts
of an Act passed in the fourteenth year of
his Majesty's Reign, entitled, "An Act fcf
making more efi'ectual provision for tho Gov-
ernment of the Province of Quebec, in Nortli
America, and to make further provision for
the Government of the said Province;^*
And it is hereby enacted by the authority of
the same» that in additjoo to the reveuueft

4S0

ttppropriated for defraying the expensed of
ihe administration of Justice, and f;;r ilie sup-
port of the Civil Government of the Province,

. there shall be supplied nod paid from and
«ut of the unappropriated monies which now
are. or hereafter may come into the hands
of the Receiver Genera! of the Province for
the time being, such sum or sums as maybe
cecessary to make up and complete a sum
not exceeding; fifty ei<^b.t thousand and se-
veuty-fiuir pounds, two shillings and eleven
pence, sterlinj;. fur the purpose of delV;i}ing
the said ex{)enses of the civil Government
of lliis Province, and of the administration of
justice therein, and the other expenses of iho
said year commencin;;^ the first day of No-
vember, one thousand ei<;Iit hunrlred and
t\Tenty-four, and ending the thirty- first day
of October, one thousand ei{:,ht him<!jed and
twenty-five, noi including; the sum or sums
l>y Law provided for the support of wound-
ed or disabled IVlilitia-men. nor the appro-
priations made by th 1 Acts passed in tho
third ^aar of his Majesty's reign, chapters
third and ihirty-niuth.

II. And be it further enacted by the au-
thority aforesaid, that the due application of
the monies by this Act appropriated, shall be
accounted for to bis Majesty, his Heirs and
{Successors, through tlie I^ords Commissicm-

' ^rs of his Majesty's Treasury for the time
being, in such manner and form, as his Ma-
jesty, his IJeirs and Successors shall he pleas-
ed to direct.
IIL And be it further enacted by tbe avL"

■ 4S1

tboriry aforesaid thnt a detailed urfooritof
the raooics expended iiiuler the authority of
this act, shall bo laid before the Legislafur*
during the first fifteen days of the siext se»°
sion.

' NO. Vllf.

House of Assembly, November 2S, 1S28.
r C. Yorke, Esq. Secretary to the Adrcinistratoi"
of the Government, presented a Mcs age fiom hit
Excellency, which was lead bv Mr. Speaker.

James Kempt, — His Excellency the Adminis-
trator of the Government avails himself of the
earliest opportunity of conveying to the House, of
Assembly, the following Communication, which h©
has received the King's Commands to make, to
the P:ovinc:al Parhament.

in 'aying the same before the IIou?e cf Assem-
bly, his Excellency is commanded by his Majesty
to s'ate, that, his Majesty has received tco many
proofs of the loyalty and atlachmtnt of his Can-
adian Subjects, to doiibi: their cheerful acquies-
cence in every effoit which his Majesty's Govern-
ment shall make to reconcile past differences, and
he looks forward with hope to a pe.icd, when, by
the return of harmony, all branches of the Legis-
lature will be able to bestow their undivided atten-
tion on the best methods of advancing the proa*
perity aid developing the resouices of the exten-
sive an?] valuable Te ritories comprised within his
Majesty's Canadian Provinces.

With a view to the adjustment cf the question!
in controversy, his Majesty's Government has
communicated to his Excellency Sir James Kempt,
its views en different branches of this impotiant
subject ; bat as the complete settlement of th«
aifaira of the Frovioce caouQt b)e effected but witli

482

the aid of the Imperial Parliament, the Instructions
of bis Excellency are at present confined to tho
discussion of those points alone, which can no
longer be left undecided without extreme disad-
vantage to the interests of the Province.

Among the most material of those points, the
first to be adverted to, is, the proper disposal of
the Financial Resources of the country ; and with
the view of obviating all future misunderstanding
on this matter, his Majesty's Government have
prescribed to his Excellency, the limits within
■which his communications to the Legislature on
this matter, are to be confined.

His Excellency is commanded by his Majesty,
Jx> acquaint the Houseof Assembly that the discuF.- ,
aions which have occurred for some years past,
between the different blanches ofthfe Legislature
of this Province, respecting the appropriation of
the Revenue, have engaged his Majesty's serious
attention, and tiiat he has directed careful inquiry
to be made, in what manner these questions may
be finally adjusted with a due regaid to the Pre-
rogative of the Crown, as well as to their Consti-
tutional Piivileges, and to the general welfare of
his faithful subjects, in Lower Canada.
/,35,500 ") His Excellency is further commanded
5,000 I to state, that the Statutrs passed in the
4,200 i 14th and 31st years of the Reign of his

[late Majesty, have imposed upon the

/.34,700 j Lords Commissioners of his Majesty's

j Treasury, the duty of appropiiating tho

produce of the Revenue g: anted to his Majesty by
the first of these Statutes; and that, whilst tho
law shall continue unaltered by the same authoiity
by which it was framed, his Majesty is not author-
ised to place the Revenue under the control ofth»
Legislature of this Province.
14th Geo. III. ) The proceeds of the Revenue
35th Geo. III. ) ansing fiom the Act of the Impe-
41st Geo. III. 3 rial Parliament 14th Geo. III. to-

483

gether with the sum appropriated by the Provin-
cial Statute 35th Geo. III. and the duties levied
under the Provincial Statutes 41st Geo. III. cap.
13 and 14, rnay be estimated for the current year,
at the sum of Z.34,700.
Casual Revenue, /.3,000 ^ The produce of the

Fines, &c. - 400 Casual and Territorial

. Revenue of the Crown,

1.3,400 ( and of Fines and For-
J feitures, may be esti-
mated for the same period, at the sum of /.3,400.

These several sums making together the sum of
/.33,100, constitute the whole estimated Revenue
arising in this Province which the Law has placed
at the disposal of the Crown.

His Majesty has been pleased to direct that
from this Collective Revenue of Z.38,100, the sala-
ry of the Officers administering the Government of
the Province, and the salaries of the Judges shall
be defi-ayejd. But his Majesty being graciously
disposed to mark, in the strongest manner, the
confidence which he reposes in the hberahty and
affection of his faithful Provincial Parliament, has
been pleased to command his Excellency to an-
nounce to the House of Assembly that no farther
appropriation of any part of this Revenue, will be
made until liis Excellency shall have been enabled
to become acquainted with their sentiments, as to
the most advantageous mode in which it can b«
applied to the public service ; and it will be grati-
fying to his Majesty, if the recommendation made
to the Executive Government of the Province on
this subject shall be such as it may be able with
propriety, and with due attention to the interest
and the efficiency of his 2^ajesty's Government to
adopt.

Plis Majesty fully rehes upon the Hberality of
his faithful Provincial Parliament to make such
further provision as the exigencies of the Publie

4U

Service ol ths Province (for which the amount of
the Crowa Revenues above mentioned may prov»
Jaadequate) may require.

The balance of money in the hands of the Re-
eeiver General, which is not placed by law at the
disposal of the Crown, must await the appropria-
tion wh.ch it may be the pleasure of the Provincial
Legislature to make.

His Excellency is further commanded by his
Majesty to recommend to the House cf Assembly,
the enactment of a law, for the indemnity of any
Persons who have heietofore, without authority,
signed or acted in obedience to wan ants for tho
approp:iation to the pi blic seivice of any ur.appio- ,
priated monies of this Province. And his Majesty
anticipates that they will, by an acquiescence in
this recommendation, shew that they cheeifully
concur with him in the cfibrls which he is new
making for the estabhshment (fa pern antnt fccd
understanding, between the difieient branches of
the Executive and Legislative Gcverrrnent.

The proposals which his Excellency has been
thus instructed to make lor the aeljuslment cf the
pecuniary affairs of the Pi evince, aie intended to
meet the difficulties cf the ensuing year, ard he
trusts they may be found effectual for that pnipcse.

His Majesiy has, hcwever, further ccnnrarded
his Excellency to acquaint the He use cf Assem-
bly, that a seheme for the pe^ranent set lementof
the Financial concerrs cf Lower Canada, is in con-
templation, and his Majesty entei lairs no dti:bt
of such a result being attainable as will picve con-
ducive to the general welfare of the Pievince, tnd
satisfactory to his fai hful Carcdian Si bjcct?.

The complaints which have re-ached lis Majce-
ty's Govemment rcepectirg the iracUqia'.e secu-
rity heretofore f iven by the Receiver Gcrcial ard
by the Sheriffs, for the due ajplicaticn cf the Fub-
Bc Monies in their hands have net esctptd \htk

485

V5ry serioua attention of the Ministers of ths
Crown.

It has afipearcd to his Majesty's Government,
that the most eltectiiai security against abuses in
these departments, v/oitld be found in enforcing in
this Province, a strict adherence to a system es-
tabhshed under his Majesty's instructions, in other
Colonies, for preventing the accumulation of bal-:
ances in the hands of Pubhc Accountants, by
obliging them to exhibit their accounts to a com-
petent authority at short intervals, and immediate-
ly to pay over the ascertained balance into a safe
place of deposit ; — and in order to obviate the
difficulty arising from the v.'ant of such place of
deposit in Lower Canada, his Excellency is au-
thorised to state that the Lords Commissioners of
his Majesty's Treasury v/ill hold them-selves res-
ponsible to the Province for any sums which the
Receiver General or Sherifis may pay over to the
Commissary General, and his Excellency is in-
ptructcd to propose to the House of Assen:bly, the
enactment of a law, binding those oiflcers to pay
over to the Commissary General such balances, as,
upon rendering their accounts to the competent
autliority, shall appear to be remaining in their
hands, over and above what may be required for
the current demands upon their respective ciHces;
— -such payments being made on condition that
the Comimissary General shall be bound en de-
mand to deliver Bills on his Majesty's Treasury
for 'he am.ount of his receipts.
« His Excellency is further instructed to acquaint
the House of Assembly, that although it%vas found
neceaary by an Act passed in the last session of
the Imperial Parliament, 9th Geo. lY. cap. 76, sec.
£G, to set at rest doubts which had arisen whether
the statute for regulating the distribution betv/een
the Provinces of Upper ard Lower Canada, of the
duties of customs collected at Q^uebec, had not

4S6

been inadvertently repealed by the reneral terma of
a late date : his Majesty's Gove.nment have no
ilesire that the interference of Pa liamcnt ia this
taatter should be perpetuated, if the Provincial
Legislatures can themselves aff^ee upon any thing
-for a division of these duties which may appear to
be more convenient aid more equitable ; and on
the whole of this subject, his Majesty's Gcvem-
jnent will be happy to receive such information and
assistance as the Letjlslative Council and Assem-
bly of this Province may bo able to supply.
> The appoiatraent of an Agent in England to in«
dicate the \visies of the Inhabitants of Lower
Canada, appearins? to b? an object of jrreat bo-
licitude witli the Assembly, his Majesty's Govern- '
ment will cheeifully accede to the desire expressed
by the House of Assembly upon this head ; pro-
vided, that such Agent be appointed, as jn other
British Colonics, by name in an Act to b3 passed
by the Legislaive Council and Assombly, and ap-
proved by the Executive Government of the Prov-
ince ; And his Majesty's Givernment are persuad-
ed that the Leglsla!:u e will not make such a selec-
tion, as to imp")se on the Government, the painful
and invidions daf:y of rej:?cting the Bill on the
j^round of a ly persDnal objection to the proposed
i&f^ent.

His Majesty's Government is further willing to'
consent to the abolition of the Office of Agent aa
it i.i at pre'33nt consritutcd, but it is trusted that
the libora'ity of the Plouse of Assembly will in*
^amnif the p esent holder of this Office, to who»ie
conduct in that capacity no objection appears ever
to have been made. Indeed, without pome ade«
quate indemnity beinrr provided for him, it woul4
not b:; conpatib'e Avilh justice, to consent to the
immediate ab olinon of his Office.

Ilia Majesty's Government being very sensible.
of tk'i great iaconvenicnc® wnicli had beco suS"

tained, owing to the large tracts of lands which
have bsen saffjred to reinain in a waste and un-
improved condition, in consequence of the neglect
or the poverty of the grantees, it has appeared to
his Maj* sty'3 Government to be desirable that the
laws in foice in Upper Canada, for levying a Tax
upon wild land, on which the setdement Duties,
had not been peifoi'med, should be adopted in thi*
Province, and his Excellency is instructed to preg«i
this subject on the attention of the House of A»»
sembly with that view.

The attention of his Majesty's Government ha»
also been drawn to several other important Tc-^
pics ; among which may be enumerated, tha
mischiefs which are said to result fiom the system
of tacit mo tagos effected by general acknowl-
edgment of a debt before a Notary ; the objec-
tionable and expensive forms of con\'eyancing eaid
to bo in use in the Townships ; the neces?ity of a
Rogistratipn of Deeds ; and the want of prcpei'
Courts for the decision of causes arising m thft
Townships. — Regulations affecting matters of this
nature can obviously be most eftectually rr_ade b/
the Piovincial Legislature; and his Excellency is
commanded to draw the attention cf the House of
Assembly to these subjects, ts matters requiring
their eaily and most setious attention.

In conclusion, his Excellency has been com-
rnanded to state, that his Majesty relies for aa
amicable adjustment of the varicus qucetions v/hidi
have been so long in dispute, upon the kyaUy and
attach. nent hitherto evinced hy his Majesty's Can-
adian subjects, and on that cf the Proviicial Far-
.liament ; and that his Majesty enterfaina n-a
doubts of the cordial concun'ence cf the House of
Assembly in all measures calculated to promcte
Jhe common good, in whatever quarter euca meaa-
urea may happen to sagiaatc.

488

Protests against the passing of the Supply
Bill, for 1829.

Dissentieot. — 1. Because His Excellencf
the Administrator has asked of the Assembly
a sum not exceeding £24,028 10 9 iu aid
of the Revenue at t!ie disposal of the Crown,
and that body had passed a Bill of aid and
supply, whereby the whole perinaaant Rev-
enue is rrjixed and blended with unappropri-
ated monies and though ostensibly a much
larger sum than £24028 is thereby given, yet'
i'n point of fact the Assembly has granted for
the limited space of one year no larger sum
than £16,342 2 6 in aid of the permanent
Revenue at t'le disposal of his Majesty.

2. Because, whatever may appear to he
the obvious construction of the words of this
Bill, the Assembly having used the same
words in an Act which passed the Legisla-
ture in the year 1825, which received an ex-
position, according to wliat was conceived
to be the icternion of the Assembly, and
whereby some of tlie Public Servants,, who
had been loug paid from the permanent
Revenues were deprived of their salaries, it
cannot ninv be presumed that any other in-
terpretation wili be put on this Bill thrui that
which was g,iven to the Act of the year 1825.

3. Because, by this Bill the Assembly as-
sumes to itself a right of disposing of a rev-
e?xue exceeding £38,000 per annum, arising
as well from the Briti-^h Statute, 14 Geo.
III. as the Provincial Statutes 35 Geo. I! I.

4S9

mnd 41 Geo. III. ns the hereditary RerasD«t^
of the Crowo, which arc at the exclusive di«-
posal of his Majesty for the raaiotenaqce of
jiis Goveraraent and the due admiaistratioi
of the law.

4. Because, the Assembly in its frequent
Attempts to obtain the disposal and manage^
snent of these Revenues, is deeply impressed
with an opinion that its authority and influ-
ence will be increased in the same propor-
tion as the authority of the Crown in thif
province will be thereby circnmscribed.

5. Because, the Assembly has thus in part
achieved its plan of wresting from the Crowa
the means to carry into effect its agreementi
ivith the Puhlic Servants, who are engaged
toserve during their lives or good hehavioun

6. Because if the practice now attempted
to pass annual Bills of a similar nalureshould
prevail, all the officers of Government will
thereby become dependents on the Assem-
bly, subject at the end of twelve months ts
be deprijed of their salaries, as the ploasur»>
or caprice of that body may dictate.

7. Because by the operation of ihis Bill
the incomes of twenty-eight Tuhlic Servautt
who are not, considering the labour and re-
sponsihiliiy aitached to their offices, ade-
quately paid, u ill he dimitnsjied and some of
whom, after years of Public Service be de-
prived of a livelihood.

8. Because it has been quaint'y said that
•• certainty is the mother of p^uiei and re-
pose," and. persisting to grant the salariea
of all tbo uSirersof thQCivU GuveramQut («.

490

«Q Annual Act, the Assembly will perpetu-
ate that disquietude, which this Provinc©
lias unhappily laboured under for many years.

9. Because if the entire disposal of the
porinaoent Revenue of the Crown should bo
resigned to the Assenfibly, the Legislative
Power will thereby obtain means to obstruct
tho operations of the Executive Government
at the conclusion of every succeeding year.

Lastly, Because the words of the third
clause namely, " a detailed account of tha
Kionies expended under the authority of thia
Act shall be laid before the Assembly" are a
departure from the ancient and accustomed
similar clause, which has heretofore invari-
ably provided that such account should be
rendered to both Houses of the Provincial
Legislature, and a clause so conceived is
therefore an infringement on the rights and
privileges of this House.

T. Coffin, Edwd, Bowen, J. Kerr, J. Stew-
art, W. B. Fellou, Matthew Bell,

Dissentient. — For the above reasons and
rIso because in our opinions this House ought
Dot to concur in a Bill Jo which the King'?
Representative cannot assent without sac-
rificing the rights of his Majesty, to distrib-
ute the Revenue at the disposal of the Crown,
and this House has no assurance that hia
Majesty has consented to waive the exercise
of that right, but on the contrary there ex-
ists OQ the Journals of this House sufficient
evidence to prove that his Majesty's instruc-
uoua to his representative iu this FroviucB

491

prohibit him from giving the Royal asseisi

to a similar Act.
Because the Bill contains a clause which

BS unusual, uncoostirutional and destructiv*

of the rights of this House.
W. B, Feltou, Matthew Bell, Edwd.

Bowen.
Dissentient.— 1. Because this Bill containt

B clause which is unusual, unconstitutional,

and destructive of the rights of this House.

2. Because the decision of the House at
ihewn hy the division on the question, v/at
against the passing of the Bill; the non-con-
tents heiog eight in number and the content*
seven, exclusive of the Speaker, and th«
questions having been carried in the affirma-
tive only by the Speaker in the chair giving
a vote as a member and then as his casting
vote, a practice which is at variance with
the usage of the Imperial Parliament, and
in our opinion is not authorised by the Ac8
31 Geo. in. cap. 31, which g;ives the Speak-
er of the Legislative Council and Assembly,
only a casting vote.

W. B. Felton, J. Kerr, Matthew Bell,
Thos. Coffio, Edwd. Bo weo, John Stewart,

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